Court No. - 49 Case :- APPLICATION U/S 482 No. - 34271 of 2009 Petitioner :- Rajnath Mishra @ Lallan Pandit Respondent :- State Of U.P.And Another Petitioner Counsel :- Sunil Singh Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing of
the proceedings of Case No. 2165 of 2009 (State of U.P. v Rajnath Mishra &
others) under Section 307 IPC, PS Sikrara, District Jaunpur pending before
the Judicial Magistrate-II, Jaunpur and also for quashing of the charge sheet
filed in the aforesaid case.
It is contended by learned counsel for the applicant that it is cross case in
which injuries have been sustained by both the sides.
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 aforesaid charge sheet as well as for quashing of
the proceedings of the aforesaid case is refused.
However, it is directed that the applicant shall appear and surrender before the
court below within 30 days from today and apply 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 dispose off
Order Date :- 19.1.2010
shailesh