Court No. - 5 Case :- APPLICATION U/S 482 No. - 19404 of 2010 Petitioner :- Amar Chandra Respondent :- State Of U.P. Petitioner Counsel :- Dinesh Kumar Gupta Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel the applicant and learned A.G.A. State respondent
The present 482 Cr.P.C. petition has been filed for quashing the order dated
22.2.2010 passed by Special Judge(S.C./S.T. Act) Hamirpur in Special Case
No. 29 of 2003 under sections 323/34, 504, 506 (2) I.P.C. and 3 (1) 10 of
S.C./S.T. Act P.S. Rath District Hamirpur
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 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 it to be seen.
The prayer for quashing the non bailable warrant order is refused.
However, it is provided that if the applicant appears and surrenders before the
court below within 30 days from today and applies for bail, then his prayer for
bail shall be considered in view of the settled law laid by the Seven Judges’
decision of 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 off.
Order Date :- 15.6.2010
Aks