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Dilshad vs State Of U P And Anr

High Court Of Judicature at Allahabad|12 October, 2018
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JUDGMENT / ORDER

Court No. - 38
Case :- APPLICATION U/S 482 No. - 36602 of 2018
Applicant :- Dilshad
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Pushpendra Singh,Abhitosh Mishra
Counsel for Opposite Party :- G.A. Hon'ble Mrs. Vijay Lakshmi,J.
Vakalatnama filed today by Shri Vijay Shankar Shukla, Jai Shankar Mishra and Shri Mohammad Belal on behalf of O.P. No.2 are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records.
The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the charge-sheet dated 01.9.2018, bearing charge sheet no.01 of 2018, arising out of Case Crime No.0513 of 2018, in Criminal Case No.5031 of 2018, (State Vs. Kasim @ Babban and others), under Sections 147, 148, 149, 452, 307 and 323 of I.P.C., Police Station-Hapur Nagar, District-Hapur, pending in the Court of C.J.M.Hapur.
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 malafide intention for the purposes of harassment. Learned counsel pointed out towards certain documents and statements in support of his contention.
Learned A.G.A. has opposed the application by contending that 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.
Considered the rival submissions made by the parties.
The submissions made by learned counsel for the applicant calls for adjudication on pure questions of fact, which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case.
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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and the recent being A.R.C.J. Vs. Nimra Cerglass Technics (P) Ltd. (2016) 1 SCC 348. Therefore, this Court does not deem it proper and cannot be persuaded to have a pre-trial before the actual trial begins.
Accordingly, the prayer for quashing the charge-sheet in the above mentioned case is refused.
At this juncture learned counsel for the applicant prayed that the applicant is ready to surrender before the court and to move bail application, but in view of the fact that the Courts are going to be closed for Dussehra, he may be granted a time of six weeks for surrender and the court below be directed to consider his bail application expeditiously.
Keeping in view the facts and circumstances of the case, a time of six weeks is granted to the applicant to surrender before the court concerned and to apply for bail. If the applicant surrenders before the court concerned within the aforesaid period and applies for bail, the court below is directed to dispose of his bail application expeditiously in accordance with law.
For a period of six weeks from today, which shall not be extended any further, no coercive action shall be taken against the applicant, in the above mentioned case.
With the aforesaid directions this application is finally disposed of.
Order Date:-12.10.2018-SB
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Title

Dilshad vs State Of U P And Anr

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 October, 2018
Judges
  • S Vijay Lakshmi
Advocates
  • Pushpendra Singh Abhitosh Mishra