Court No. - 88
Case :- APPLICATION U/S 482 No. - 14029 of 2021
Applicant :- Dalvir And Another
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Shri Upendra Upadhya, learned counsel for applicants as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed seeking quashing the entire proceedings of Case No. 7189 of 2020 (State Vs. Dalvir and others), arising out of Case Crime No. 09 of 2019 under Sections 504, 452, 323 I.P.C. Police Station Pilua, District Etah as well as to quash the charge sheet dated 07.12.2019 and to quash cognizance and summoning order dated 21.07.2020 and order of N.B.W. dated 12.02.2021 passed in the aforesaid case.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
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 applicants. 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing of charge sheet, cognizance order as well as non- bailable-warrants order of aforesaid case is refused.
After arguing the case for quite some time at length, learned counsel for the applicants himself has given up to address the Court on merits of the case and prayed, that the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame. However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail, the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law.
For the period of 30 days or till disposal of bail application, whichever is earlier, no coercive action shall be taken against the applicants.
With the above directions, present application is disposed off.
Order Date :- 13.8.2021 S.Ali