Court No. - 41
Case :- APPLICATION U/S 482 No. - 8755 of 2003
Applicant :- Ashok Kumar Shukla & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- S.K. Dubey
Counsel for Opposite Party :- Govt. Advocate,P.C. Srivastava,R.K. Srivastava
Hon'ble Rajesh Dayal Khare,J.
None is present for the applicant or the private opposite party. Heard learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 23.12.2001 in case crime No. 643 of 2001 under Sections 419, 420, 467, 468 and 471 IPC, police station Line Bazar, district Jaunpur..
It has been averred in the affidavit accompanying the 482 application that no offence against the applicant 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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 or 245 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 charge sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered 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 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 disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Interim order, if any, stands discharged.
Registry is directed to transmit a copy of this order to the court below concerned forthwith.
Order Date :- 27.4.2018 faraz