Criminal Misc. Delay Condonation Application No. 1 of 2018 IN Case :- APPLICATION U/S 482 No. - 5804 of 2013 Applicant :- Nawal Kishore And Others Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Daya Nand Pandey Counsel for Opposite Party :- Govt. Advocate,P.K. Singh
Hon'ble Umesh Chandra Srivastava,J.
Heard learned counsel for the parties on delay condonation application.
It is submitted by learned counsel for the applicant that application was listed for hearing on 19.01.2017. In the mean time applicant's counsel having died, no one could appear when the case was called out and the case was dismissed in default.
Grounds mentioned in affidavit filed in support of delay condonation application is sufficient.
Delay condonation application is allowed.
Delay caused in filing recall application is condoned.
Order Date :- 31.5.2018 Bhanu .
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Court No. - 15
Criminal Misc. Recall/Restoration Application No. 2 of 2018 IN Case :- APPLICATION U/S 482 No. - 5804 of 2013 Applicant :- Nawal Kishore And Others Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Daya Nand Pandey Counsel for Opposite Party :- Govt. Advocate,P.K. Singh
Hon'ble Umesh Chandra Srivastava,J.
Heard learned counsel for the parties on restoration application.
Cause shown for absence of learned counsel for applicant on 19.01.2017 has been explained to the satisfaction of the Court.
Order dated 19.01.2017 dismissing the application is hereby recalled.
Application is restored to its original number. Accordingly, recall application stands allowed.
Order Date :- 31.5.2018 Bhanu .
Case :- APPLICATION U/S 482 No. - 5804 of 2013 Applicant :- Nawal Kishore And Others Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Daya Nand Pandey Counsel for Opposite Party :- Govt. Advocate,P.K. Singh
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Daya Nand Pandey, learned counsel for the applicants, learned A.G.A. for the State, Shri P.K. Singh, learned counsel for opposite party no.2 and perused the record.
Applicants have filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of Complaint Case No. 2902 of 2012 (Kashi Prasad Srivastava vs. Prabhakar Singh and others), under section 406 and 420 I.P.C., P.S. Lanka, District- Varanasi, pending in the court of Judicial Magistrate, Court no.1, Varanasi.
It is submitted by learned counsel for the applicants that applicants are being maliciously prosecuted on false and frivolous allegations. The facts averred in the complaint and evidence collected in support of it, during the course of inquiry, do not disclose any prima facie case against the applicants. The Magistrate has taken cognizance against the applicants on insufficient evidence, there is material contradiction in the statements of opposite party no. 2 and his witnesses recorded under sections 200 and 202 Cr.P.C.
Learned AGA and learned counsel for opposite party no. 2, on the other hand, submitted that on the material available on record a prima facie case against applicants is also made out. They have further submitted that disputed questions of facts may not be looked into in proceedings under section 482 Cr.P.C. They have also submitted that alternative remedy of discharge being available to applicants under section 245 Cr.P.C., present application is not maintainable as inherent jurisdiction of this Court can be invoked to secure the ends of justice or to prevent the abuse of process of court when no other remedy is available.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, case against the applicants is made out. Magistrate has therefore committed no illegality and taking cognizance and issuing process, so that the proceedings may be quashed.
In the result, application is dismissed.
However, having regard to the facts and circumstances of the case, it is ordered that if applicants appear before the court below within Four weeks from today and applies for bail, the court below shall decide the same expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported in 2005 CRI. L.J. 755 till then no coercive measures shall be taken against them.
Order Date :- 31.5.2018 Bhanu