Court No. - 43
Case :- APPLICATION U/S 482 No. - 28152 of 2018 Applicant :- Babu Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Criminal Complaint No. 88 of 2003 (Raghunath Singh Vs. Babu Lal and others), under Section 323, 504, 506, 452 IPC, P.S. Bhognipur, District Kanpur Dehat, pending in the Court of Judicial Magistrate, Bhognipur, Kanpur Dehat as well as Non-Bailable Warrant dated 4.1.2017.
It is submitted that no offence against applicants is disclosed, 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 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. 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 cannot be considered at this stage.
The prayer claimed is refused. The application is
dismissed.
However, if applicants appear and surrender before the court below within six weeks from today and apply for bail, the court below, while considering their bail, shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of six weeks from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 24.8.2018 N.S.Rathour