Court No. - 78
Case :- APPLICATION U/S 482 No. - 41507 of 2019
Applicant :- Bechey Lal And 2 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Chandra Bhushan Yadav, learned counsel for the applicants and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the impugned summoning order dated 28.05.2019 passed by learned Chief Judicial Magistrate, Firozabad as well as stay the entire criminal proceeding of Case No. 2783 of 2018 (Prakash Tomar vs. Bechey Lal & Others), under Section 379 I.P.C., P.S.- South, District- Firozabad.
Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicants are false and fabricated. The applicants are innocent and they have not committed any offence.
All the submission 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 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. The disputed defence of the accused cannot be considered at this stage.
Therefore, prayer for quashing the proceeding is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 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 above directions, this writ petition is disposed of finally.
Order Date :- 28.11.2019 Rahul.