Court No. - 49 Case :- APPLICATION U/S 482 No. - 24786 of 2008 Petitioner :- Anil Respondent :- State Of U.P.And Another Petitioner Counsel :- N.K. Sharma Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the
proceedings of Criminal Case No. 61/11 of 2007, (Pramila Devi
Vs. Maan Singh and others), under Sections 395, 435 I.P.C., Police
Station Bishungarh, District Kannauj pending in the Court of
learned Judicial Magistrate, Kannauj.
The contention of the counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has
been instituted with a malafide intention for the purposes of
harassment. He pointed out certain documents and statements in
support of his contention.
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 submission made at the bar
relates to the disputed question of fact, which cannot be
adjudicated upon by this Court under Section 482 Cr.P.C. At this
stage only prima facie case is to be seen in the light of the law laid
down by Supreme Court in cases of R.P. Kapur Vs. State of
Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal,
1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC
(Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs.
Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The disputed defence of the accused cannot be considered at this
stage. Moreover, the applicant has got right of discharge under
Section 239 or 227/228, Cr.P.C. as the case may through a proper
application for the said purpose and he is free to take all the
submissions in the said discharge application before the Trial
Court.
The prayer for quashing the proceedings is refused.
However, it is directed that the applicant shall appears and
surrenders before the court below within 30 days from today and
applies for bail, his prayer for bail shall be considered and decided
in view of the settled law laid by this Court in the case of
Amrawati and another Vs. State of U.P. reported in 2004 (57)
ALR 290 as well as judgement passed by Hon’ble Apex Court
reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh
Vs. State of U.P. For a period of 30 days from today or till the
disposal of the application for grant of bail whichever is earlier, no
coercive action shall be taken against the applicant. However, in
case, the applicant does not appear before the Court below within
the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed
of.
Order Date :- 19.7.2010
vks