Court No. - 81
Case :- APPLICATION U/S 482 No. - 17601 of 2021 Applicant :- Anil Kumar And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW dated 5.8.2021 passed by Additional Session Judge/Fast Track Court No.2, District Gautambudh Nagar as well as entire proceedings of S.T. No. 661 of 2021 (State Vs. Bhim Singh and others), arising out of Case Crime No.332 of 2011, under Section 307 IPC, Police Station Sector-39 Noida, District Gautambudh Nagar.
Learned counsel for the applicants has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with malafide intention for the purpose of harassment.
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 the 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 order impugned is refused.
However, it is provided that if the applicants file an application for recalling of the non-bailable-warrant issued against them within 30 days from today, their application may be considered and disposed of as expeditiously as possible, in accordance with law or in case the applicants 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 expeditiously by the Court below.
With the aforesaid directions, the instant present application is disposed of.
Order Date :- 28.10.2021 Mini