Court No. - 88
Case :- APPLICATION U/S 482 No. - 7107 of 2021 Applicant :- Dipak Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Patel,Hemant Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Hemant Kumar Srivastava, learned counsel for the applicant 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 for quashing the entire proceedings of Case No.2549 of 2020, pending before Additional Chief Judicial Magistrate, Sonbhadra and charge- sheet dated 30.6.2020, arising out Case Crime No.0068 of 2020, under Sections 354(Kha), 323 & 506 I.P.C., P.S. Obra, District Sonbhadra.
The contention of counsel for the applicant is that no offence against the applicant 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 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, 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 the entire proceedings and charge sheet is refused.
After arguing the case for quite some time at length, learned counsel for the applicant 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 applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant expeditiously in accordance with law.
With the above directions, present application is disposed off.
Order Date :- 28.7.2021 Kpy