Court No. - 45 Case :- APPLICATION U/S 482 No. - 16594 of 2010 Petitioner :- Daya Ram Yadav & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- M.S. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
List revised none appears to press this application on behalf of applicants.
The matter was also taken up 20.05.2010 in the revised reading of the list, on
which date, none appeared on behalf of the applicants to press this
application.
Heard learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the summoning
order dated 22.01.2010 passed by learned Judicial Magistrate, Room No. II,
District Allahabad in Complaint Case No. 19 of 2009, under Sections 147,
148, 323, 504, 506, 427, 452 I.P.C., and Section 3(1) 10 of SC/ST ACt, Police
Station Dharwai, District Allahabad and also for quashing the order dated
02.04.2010, whereby Non-Bailable-Warrant’s order has also been issued
against the applicants.
It is averred in the present application that no offence against the applicants is
disclosed and the present prosecution has been instituted with a malafide
intention for the purposes of harassment.
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 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.
The prayer for quashing the orders impugned is 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 them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 22.7.2010
S.Ali