Court No. - 49 Case :- APPLICATION U/S 482 No. - 34307 of 2009 Petitioner :- Mukhtar Ahmad And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- R.K.Rathore Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings
of Special Sessions Trial No. 127 of 2009 (State v Suaib & others) arising out
of Case Crime No. 221 of 2009, under Sections 272, 419, 420 IPC, 63/68-A
of the Copy Right Act and also under Sections 2/3 of the U.P. Gangsters &
Anti Social Activities (Prevention) Act, 1986, PS Mutthiganj, District
Allahabad pending before the court of the Special Judge, Gangsters Act,
Allahabad and also for quashing of the charge sheet dated 08.12.2009 in the
aforesaid case.
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 prayers for quashing the proceedings and the impugned charge sheet in
the aforesaid case are refused.
However, it is directed that the applicants shall appear and surrender before
the court below within 30 days from today and apply for bail, their 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 applicants. However in case the applicants do 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 off.
Order Date :- 21.1.2010
shailesh