Court No. - 78
Case :- APPLICATION U/S 482 No. - 42826 of 2019 Applicant :- Dharmveer @ Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi,Ajay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned order dated 13.08.2019 passed by Judicial Magistrate, Firozabad, whereby allow the protest petition and summon the accused under Section 354-Kha I.P.C. and under Section 7/8 POCSO Act in Case No. 2520 of 2018 arising out of Case Crime No. 11 of 2018, (State Vs. Dharmvir & others) P.S. Basai Mohammad, District- Firozabad.
Learned counsel for applicant contended that applicant is innocent and has been falsely implicated in this case. He further argued that no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant, submission made by learned counsel for applicant 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 Apex Court in cases of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused-applicant cannot be considered at this stage. There is no sufficient ground to quash the impugned order in the aforesaid case.
In view of above, the prayer for quashing the impugned order dated 13.08.2019 in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below concerned within thirty days from today and applies his bail application, the same shall be decided expeditiously in accordance with law.
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 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 observation, the application is finally disposed of. Order Date :- 26.11.2019/Sharad/-