Allahabad High Court
JITENDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that the application for quash cannot be entertained as the facts do not demonstrate any failure of justice or abuse of process, and therefore the order of the Judicial Magistrate stands.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 10‑11‑2021 passed by the Judicial Magistrate, Jalaun, in a case involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The High Court examined the material and observed that the facts on record do not show that no offence is made out against the applicant and that the dispute is purely factual, which cannot be decided at this stage. Since there was no indication of a failure of justice or abuse of process, the Court declined to exercise its inherent power to quash the order. The Court directed that if the applicant is not on bail, he may apply for bail within 45 days, and any application for discharge must be decided by the trial court within six weeks. No coercive measures were to be taken against the applicant for 45 days or until the discharge application is disposed. The application was therefore dismissed.
Issues considered
- Whether the order of the Judicial Magistrate can be quashed under Section 482 of the Criminal Procedure Code
- Whether there is a failure of justice or abuse of process justifying the exercise of the High Court's inherent powers
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- Section 482 CrPC
- quash of criminal proceedings
- inherent powers of High Court
- bail
- discharge
- Dowry Prohibition Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 28292 of 2021
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
10.11.2021 passed by learned Judicial Magistrate, Jalaun in Case No.
1099 of 2010 (State Vs. Praja Ram and others) arising out of Case Crime
No. 439 of 2010, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P.
Act, Police Station-Rampura, District-Jalaun, pending before the Court of
learned Judicial Magistrate, 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
A482 No. 28292 of 2021
2
an application for bail within 45 days from the date of the order, the same
shall be considered and disposed of expeditiously, after giving
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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