Heard learned counsel for the applicant learned AGA for the State through video conferencing.
This application under Section 482 Cr.P.C. has been filed for quashing the N.B.W. order dated 9.2.2021 passed in S.T. No.252 of 2016 arising out of Case Crime No.100 of 2016, under Sections 147, 148, 149, 302, 307, 504 IPC, Police Station Narkhi, District Firozabad pending in the Court of Additional District Judge, 1st Firozabad. Further prayer has been made to stay the further proceeding of the above mentioned case.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the 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. No offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purpose of harassment. The applicant is having no criminal history.
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 applicant. 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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet and the non bailable warrant is refused.
However, the applicant is directed to appear and surrender before the court below within 30 days from today and apply for bail. For a period of 30 days from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, trial Court is free to take coercive action against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid observations, the application stands disposed of.
Order Date :- 30.4.2021 Ajeet