Court No. - 44
Case :- APPLICATION U/S 482 No. - 39468 of 2018
Applicant :- Anil And Anr
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 21.05.2018 as well as charge sheet dated 15.07.2017 arising out of case crime no. 351 of 2017 under Sections 323, 504 IPC, Police Station- Kotwali Dehat, District-Etah(State Vs. Anil and others) pending in the court of Chief Judicial Magistrate, Etah.
The contention of the counsel for the applicants is that no offence against the applicants 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 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. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the cognizance order and the chargesheet is refused.
After hearing learned counsel for the applicants and learned A.G.A., this application is finally disposed of with a direction that if the applicant appears and surrenders before the Courts below within 30 days from today and applies for bail, then his bail application shall be considered and decided by both the courts below expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
It is made clear that no further time would be allowed beyond above-mentioned 30 days on any ground.
With the aforesaid directions, this application is disposed of.
Order Date :- 31.10.2018 Sumit S