Court No. - 49 Case :- APPLICATION U/S 482 No. - 10235 of 2010 Petitioner :- Ram Lal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Islam Ahamad,Raj Kr. Verma Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned AGA for the State-
respondent.
The present 482 application has been filed for quashing of the proceedings of
criminal complaint case no. 7672 of 2003 under sections 452, 323, 504, 506
IPC pending before Chief Judicial Magistrate, Jhansi.
It is contended that non-bailable warrants have been issued against the
applicants on 01.02.2010. It is further argued that the applicant no. 1 and 2 are
public servants and there has been total non-compliance of the provisions of
section 197 Cr.P.C. Further, the applicants were not aware of the pendency of
the aforesaid criminal proceedings as they are public servants and they were
posted at different places.
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
applicants. All the submission made at the bar relates to the disputed
questions of fact, which cannot be adjudicated upon by this Court under
Section 482, Cr.P.C. At this stage only a prima facie case is to be seen.
The prayer for quashing the proceeding is refused.
However, it is provided that if the applicants appear and surrender before the
court below within a period of 30 days from today and apply for bail, then
their prayer for bail shall be considered in view of the settled law laid down
by the Seven Judges’ decision of this Court in the case of Amarawati and
another Vs. State of U.P., reported in 2004(57) ALR-290 and in the recent
decision of the Supreme Court dated 23.3.09 in Criminal Appeal No. 538 of
2009, Lal Kamlendra Pratap Singh v. State of U.P., after hearing the Public
Prosecutor. 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 applicants. However, in case the applicants do not appear
before the court below within the aforesaid period, coercive action shall be
taken against them.
With the aforesaid directions, this application is disposed of.
Order Date :- 2.4.2010
yachna