Court No. - 48
Case :- APPLICATION U/S 482 No. - 6577 of 2019 Applicant :- Adhar Chandra Upadhyay Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vinay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr. P.C. has been filed to quash the non bailable warrant including proceeding under Section 82 Cr. P.C. issued on 14.12.2017 with the entire proceeding of complaint Case No. 3200528 of 2002 (Smt. Reeta Upadhyay Versus Adhar Chandra Upadhyay) under Section 494/109 I.P.C., Police Station Cantt, District Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate, III Gorakhpur, District Gorakhpur.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafie intention for the purpose of causing harassment. He pointed out certain documents and statement in support of his contention.
From the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions 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, AIR 1960, SC 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 prayer for quashing the entire proceedings of the aforesaid case based on the complaint case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case applicant appears and surrender before the court below within Six weeks from today and applies for bail, his prayer for bail shall be consdered 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 judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 22.2.2019 T.S.