Allahabad High Court
JITENDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the order, holding that the matter involved factual disputes and did not constitute an abuse of process warranting intervention under Section 482.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash a Judicial Magistrate's order dated 16‑04‑2019 in a criminal case (State vs. Praja Ram) involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The High Court examined the record and held that, at the pleading stage, it could not be said that no offence was made out against the applicant; the disputes were factual and not suitable for interference under Section 482. Consequently, the court declined the prayer to quash the order, noting that the power under Section 482 is to be exercised only in cases of abuse of process or failure of justice. The court directed that if the applicant is not on bail, he may apply for bail within 45 days, and any discharge application must be decided by the trial court within six weeks. For a period of 45 days or until the discharge application is disposed, no coercive measures may be taken against the applicant. The application was therefore disposed.
Issues considered
- Whether the High Court can quash the Judicial Magistrate's order under Section 482 Cr.P.C. on the ground that no offence is made out against the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- Section 482
- quash order
- abuse of process
- criminal procedure
- bail
- discharge application
- coercive measures
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 20756 of 2019
Jitendra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Mishra
Counsel for Opposite Party(s) : G.A., Manoj Yadav
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Pradeep Kumar Mishra, learned counsel for the applicant,
Mr. Manoj Yadav, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed with a
prayer to allow the present application and quash the order dated
16.04.2019 passed by learned Judicial Magistrate, Jalaun in Case No.
1099 of 2010 (State Vs. Praja Ram and others), under Sections 498A,
323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Rampura, District-
Jalaun and to stay the further proceeding of the aforesaid Case.
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. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse
of procedure, this power may be exercised to prevent the abuse of process
to secure the ends of justice.
4. Accordingly, prayer for quashing is declined.
5. In case, the applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes
an application for bail within 45 days from the date of the order, the same
shall be considered and disposed of expeditiously, after giving
A482 No. 20756 of 2019
2
opportunity to the other side.
6. Further, it is provided that in case the applicant moves an application for
discharge at an appropriate stage through counsel, the same shall be disposed
of by the Trial Court by a reasoned and speaking order in accordance with
law within six weeks thereafter.
7. For a period of 45 days or till the disposal of the discharge application,
whichever is earlier, no coercive measures shall be taken against the
applicant in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
(Nand Prabha Shukla,J.)
September 23, 2026
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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