Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 3320 of 2021 Petitioner :- Ankur And 10 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Anurag Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This petition has been filed with a prayer to quash the order dated 8.1.2021 passed by the Additional Session Judge, Court No. 4, Shahjahanpur in Crl. Revision No. 146 of 2018 as well as summoning order dated 25.7.2018 passed by the learned Judicial Magistrate,-I, Saharanpur in Complaint Case No. 2294 of 2017, under Section 452, 323, 504, 506 IPC, P.S. Ram Chandra Missan, District Shahjahanpur.
Moreover, all the submissions 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 Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
At the very outset, learned counsel for the petitioners has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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.
Considering the prayer of the peititoners, it is directed that if the peititoners appear/ surrender before the court below and apply for bail within three weeks from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of three weeks from today or till the petitioners appear/ surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 28.7.2021 A.P. Pandey