Court No. - 53
Case :- APPLICATION U/S 482 No. - 2152 of 2019 Applicant :- Baldev Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to stay the further proceedings of Criminal Case No. 2844/IX/2011 (State vs. Baldev) arising out of Case Crime No. 347 of 2011, under Section 63 of Copy Right Act, Police Station- Kotwali, District- Mathura, pending before learned Chief Judicial Magistrate, Mathura.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide, as such, the present proceedings are an abuse of the process of the court. He further contended that the applicant has not been arrested by the police during investigation.
Per contra, learned A.G.A. has opposed the prayer so made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings against the applicant.
From the perusal of first information report and material brought on record, and looking into the facts of the case, it cannot be said, at this stage, that no offence is made out against the applicant.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer to stay the further proceedings in the aforesaid case is refused.
However, it is directed that in case the applicant files his bail application, his prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 22.1.2019 Rohit