Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceedings of Case Crime No. 009/2020, under Section 147, 148, 149, 332, 353, 336 & 114 I.P.C., and Section 7 Criminal Law (Amendment) Act 1932, Section 3 of Prevention of Damage to Public Property Act 1984, Police Station- Chowk, District- Varanasi vide charge sheet dated 23.06.2020 as well as cognizance order dated 19.09.2020.
It is contended by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. Charge sheet has been filed on the basis of insufficient evidence.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant.
All the submission 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. The disputed defence of the accused cannot be considered at this stage.There is no sufficient ground to quash the charge sheet in the aforesaid case.
The prayer for quashing the charge sheet, cognizance order as well as entire proceeding in the aforesaid case is hereby refused.
At this stage, learned counsel for applicant prays that the applicant is innocent lady and further submitted that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Learned A.G.A. has no objection regarding expeditious disposal of bail application.
Considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. However, in case, the applicant does not appear before the court below within the aforesaid period, the trial court will be at liberty to take coercive action against the applicant in accordance with law.
With the aforesaid observation, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.1.2021 Sharad/-