Allahabad High Court
CRIMINAL MISCELLANEOUS 2186 of 2008 on 20 January 2009
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(Crl. Misc. Restoration Application No. 388126 of 2017)
Case :- APPLICATION U/S 482 No. - 5971 of 2009
Applicant :- Ramlolarak Mishra & OthersOpposite Party :- State Of U.P.& AnotherCounsel for Applicant :- Krishna Kumar MishraCounsel for Opposite Party :- Govt. Advocate,N K Mishra,Rajesh Kumar Pandey Hon'ble Amar Singh Chauhan,J.
Heard Sri K.K. Mishra, learned counsel for the applicant andSri Rajesh Kumar Pandey, learned counsel for the oppositeparty.
Cause shown for delay in filing the application is sufficient andthe same is condoned. Cause shown for non appearance is alsosufficient.
The restoration application is allowed. The order dated31.10.2017 is recalled and the application is restored to itsoriginal number.
Order Date :- 19.1.2018AKK
Court No. - 20
Case :- APPLICATION U/S 482 No. - 5971 of 2009
Applicant :- Ramlolarak Mishra & Others
Opposite Party :- State Of U.P.& AnotherCounsel for Applicant :- Krishna Kumar MishraCounsel for Opposite Party :- Govt. Advocate,N K Mishra,Rajesh Kumar Pandey Hon'ble Amar Singh Chauhan,J.
Heard Sri K.K. Mishra, learned counsel for the applicant, SriRajesh Kumar Pandey, learned counsel for the opposite partyand learned AGA.
The applicant, Ramlolarak Mishra and two others, through thisapplication under Section 482 Cr.P.C., have invoked theinherent jurisdiction of this Court with a prayer to quash thecomplaint as well as order dated 20.1.2009 passed by JudicialMagistrate-I Jaunpur in Complaint Case No. 2186 of 2008(Krishna Murari Pandey Vs. Ramlolarak Mishra and others)under Sections 406, 506 and 500 IPC, P.S. Machali Sahar,District Jaunpur and stay the further proceedings of theaforesaid complaint.
From the perusal of the record, it cannot be said that primafacie, no case is made out against the applicants. All thesubmissions made at the bar relate to the disputed questions offact, which cannot be adjudicated upon by this Court underSection 482 Cr.P.C.only in cases where the court finds thatthere has been failure of justice or misuse of judicialmechanism or procedure, sentence or order was not correct, thispower may be exercised to prevent the abuse of process ormiscarriage of justice.
I find no reason to interfere in the proceedings and, therefore,refuse to quash the proceedings in the aforesaid case.
However, in view of the submissions made by the learnedcounsel for the applicants, it is provided that if the applicantsmove an application for discharge through counsel within twoweeks from today, the same shall be disposed of by the trialcourt by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or tillthe disposal of the application, whichever is earlier, no coerciveaction shall be taken against them.
The application under Section 482 Cr.P.C. is disposed of withthe aforesaid direction.
Order Date :- 19.1.2018
AKK