Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482, Cr.P.C. has been filed for quashing the order dated 22.10.2016 and 09.7.2015 passed by the Special Judge SC/ST Act, Kanpur Dehat in Sessions Trial No. 153 of 2008 arising out of case crime NO. 164 of 1997 under Sections 198A U.P Z.A.& L.R. Act and Section 3(1(X) SC/ST Act, police station Mangalpur, district Kanpur Dehat, whereby process under Section 82, 83 Cr.P.C. and non bailable warrrant has been issued against the applicant.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 of the accused cannot be considered at this stage.
The prayer for quashing the orders impugned is hereby refused.
However, it is provided that if the applicant files an application for recalling of the process under Section 82, 83 Cr.P.C. and non bailable warrant issued against him within 30 days from today, their application may be considered and disposed of as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and apply for bail, his prayer for bail may be considered and decided 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 30 days from today or till the disposal of the application for withdrawal of the process under Section 82 Cr.P.C. or application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However in case the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 16.12.2016 faraz