LAVKAUSH DUBEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
Court: Allahabad High Court
Bench: NEERAJ TIWARI
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-05. LAVKAUSH DUBEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER. Read the judgment and...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:81174 Court No. - 21 Case :- APPLICATION U/S 482 No. - 11054 of 2024 Applicant :- Lavkaush Dubey And Another Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- J. P. Shukla Counsel for Opposite Party :- G. A. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the applicants and Sri Mayank Sinha, learned A. G. A. for the State. 2. The present 482 Cr. P. C. application has been filed to quash the summoning order dated 10. 08. 2023 passed by Additional Civil Judge/ Judicial Magistrate, Sultanpur in case crime no. 0499 of 2022, under Sections 452, 504, 506, 427, 323 I. P. C. [Now- 333, 352, 351(2)(3), 324 (4), 115(2) BNS], P. S- Kadipur, District Sultanpur. 3. The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment.
He pointed out certain documents and statements in support of his contention. 4. 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 applicants 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. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R. P. Kapur Vs. State of Punjab, A. I. R. 1960 S. C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr. ) 426, State of Bihar Vs. P. P. Sharma, 1992 SCC (Cr. ) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr. ) 283. The disputed defence of the accused cannot be considered at this stage. 5.
At this stage, learned counsel for the applicants submitted that applicants are ready to surrender before the trial Court for obtaining bail and for that some protection may be granted to them. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. 8.
With the above observations and directions, this application under Section 482 Cr. P. C. is disposed of. Order Date :- 5. 12. 2024 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench
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