Court No. - 78
Case :- APPLICATION U/S 482 No. - 43522 of 2019 Applicant :- Ashok Rai And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sandeep Kumar Rai,Shyam Narain Rai Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the further proceeding of Case No.2379 of 2016 (State Vs. Ashok Rai) arising out of Case Crime No.174 of 2016, under Section 441 IPC and Section 2, 3 and 5 of the Prevention of Damage to Public Property Act, 1984, Police Station- Deogaon, District- Azamgarh as well as charge sheet dated 03.06.2016 pending in the Court of ACJM, Court No.10, Azamgarh.
It is contended by learned counsel for the applicants that applicants are innocent and have been falsely implicated in this case. He further argued that no offence is disclosed against the applicants and present prosecution has been instituted with a malafide intention for the purpose of harassment.
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 submissions made by the learned counsel for the applicants 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 law laid down by the Apex Court in State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426. Disputed defence of the applicants cannot be considered at this stage.
In view of the above, the prayer for quashing the proceeding of the aforesaid case pending before the court concerned is refused.
However, considering the nature of the allegations made in the FIR and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned within thirty days from today and apply for bail, the same shall be considered and decided expeditiously by the courts below.
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 applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 28.11.2019 Ashutosh Pandey