Case Law Details
Kailash Chandra Kapri Vs State of UP (Allahabad High Court)
The applicant filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings in Case No. 545 of 1991 arising out of Case Crime No. 115 of 1989 under Sections 147, 323, 504 IPC and Section 120 of the Railway Act. The matter pertains to proceedings pending before the court at Allahabad.
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Upon examining the material on record, the Court observed that at this stage it could not be concluded that no offence was made out against the applicant. It noted that the submissions raised involved disputed questions of fact, which cannot be adjudicated in proceedings under Section 482 Cr.P.C. Accordingly, the Court held that no case for interference was made out and refused to quash the criminal proceedings.
However, the Court granted liberty to the applicant to appear before the trial court through counsel and file a discharge application within 30 days. It directed that if such an application is filed within the stipulated time, it shall be considered and decided in accordance with law. The Court further ordered that no coercive action shall be taken against the applicant until the discharge application is decided. It clarified that no further time would be granted if the applicant fails to appear within the prescribed period.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 545 of 1991, arising out of Case Crime No. 115 of 1989, under Sections 147, 323, 504 I.P.C. and 120 Railway Act, Police Station GRP Rambagh, District Allahabad.
3. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused.
4. Learned counsel for the applicant has prayed that a liberty may be given to the applicant to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
5. Accordingly, liberty is given to the applicant to appear before the court below through counsel to move discharge application within 30 days from today
6. This application is disposed of with a direction to the court below that in case the applicant appears before the court below through counsel within 30 days from today and moves a discharge application, the same shall be considered and decided in accordance with law. Till the disposal of discharge application, no coercive action shall be taken against the applicant.
7. It is made clear that in case the applicant does not appear before the court below within the aforesaid period, no further time shall be given to him.
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