Petition For Speedy Disposal of Bail Application, Without Filing it, is Gross Abuse of Process of Law: All HC

In the instant case, the petitioner approached the Allahabad High Court and prayed that directions be issued, in nature of Mandamus, directing the concerned Court to consider and dispose of bail application of the applicant in FIR dated 29.07.2018 that was registered for offences u/s 363 and 366 of IPC.

While adjudicating the case, the Court asked the Counsel of the petitioner in which Court was the bail application pending.

Learned Counsel for the petitioner submitted to the Court that so far no bail application has been filed, and he also admitted that the petitioners were not in jail as well.

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The Court took note of the fact that the petitioners had approached the same Court in 2018 and had prayed for the quashing of the same FIR, but their petition was dismissed as infructuous.

After pursuing the records and examining the facts of the case, the Court held that asking for speedy disposal when no bail application is filed and the petitioners were not even jail, amounts to gross abuse of process of law.

Accordingly, the petition was dismissed, and a cost of Rs.10000 was imposed on the petitioner. 

Case Details:

Title: Anita Singh And Another Respondent vs State Of U.P. And 3 Others

Case No.:CRIMINAL MISC. WRIT PETITION No. – 13599 of 2020

Date of Order:26.11.2020

Coram: Hon’ble Justice Manoj Kumar Gupta and Hon’ble Justice Ravi Nath Tilhari

Counsel for Petitioner:- Shri Krishna Mishra 

Counsel for Respondent:- G.A.

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