Court No. - 77
Case :- APPLICATION U/S 482 No. - 34483 of 2017
Applicant :- Ateequr Rahman And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Imran Mabood Khan,Hanuman Deen Verma,Ravindra Prakash Srivastava
Counsel for Opposite Party :- G.A.,Anil Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.
This application under Section 482 Cr.P.C. has been filed by applicants with prayer to quash the entire proceedings of Criminal Case No. 6337 of 2008, Ishraq Vs. Shamsher and others, under Sections 419, 420, 506 I.P.C., pending before J.M. Sant Kabir Nagar as well as orders dated 11.08.2009, passed by learned C.J.M., Sant Kabir Nagar and order dated 26.07.2017, passed by Additional Sessions Judge (Fast Track Court IInd), Sant Kabir Nagar in Criminal Revision No. 81 of 2009 (Muffeedun-Nishan & others Vs. State of U.P. and another).
Learned counsel for the applicants argued that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. Learned counsel has pointed out towards certain documents and statements in support of his contention.
Learned A.G.A. has vehemently opposed the application by contending that all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
Considered the rival submissions made by the parties.
The submissions made by learned counsel for the applicants call for adjudication on pure questions of fact, which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. Veracity of the statements are material evidence of fact and is not to be ascertained in this proceeding u/s 482 Cr.P.C. of this Court because the same is within the jurisdiction of Trial Court and is a point of fact to be seen in the trial. In view of law propounded by Hon'ble Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844, Hamida v. Rashid, (2008) 1 SCC 474, Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296, Dhanlakshmi v. R.Prasana Kumar, (1990) Cr.L.J. 320 (DB): AIR 1990 SC 494, State of Bihar V. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, there is no ground for interference under Section 482 Cr.P.C.
The prayer for quashing orders dated 11.08.2009 and 26.07.2017 as well as proceeding of the aforesaid criminal case is refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants 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 four weeks 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 is finally
disposed of.
Order Date :- 17.12.2019 NS