Court No. - 73
Case :- APPLICATION U/S 482 No. - 16213 of 2019
Applicant :- Balesh
Opposite Party :- State Of Up And Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 455 of 2019 (State Vs. Balesh and another) under Sections- 323, 325, 307 of IPC arising out of case crime no. 0875 of 2017 P.S.- Najibabad, District Bijnor pending before the concerned courts below.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
From perusal of the record, it appears that, prima facie, a cognizable offence is made out against the accused-applicant. The contention raised by the learned counsel for the applicant requires appreciation of evidence and adjudication of questions of fact, which is not permissible under jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, after hearing learned counsel for the applicant and learned A.G.A. for the State, this application is finally disposed off with a direction that if the applicant appears and surrenders before the court below within 60 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously 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 judgement 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 60 days from today or till the applicant surrenders in the court, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 25.4.2019 Mohit Kushwaha