Court No. - 41
Case :- APPLICATION U/S 482 No. - 31111 of 2018 Applicant :- Faheem Khan And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 83 of 2017(Shaitan Singh vs. Faheem Khan and others) under section 394, 323, 506 IPC, Police Station Bakewar, District Etawah pending in the Court of Special Judge (D.A.A.), Etawah and also quash the complaint moved by opposite party No.2.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements 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 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.
After hearing learned counsel for the parties and after perusing the averments made in the present application, no case for any interference has been made out. Accordingly, the prayer, as made above, is refused.
However, without expressing any opinion on the merits of the case, it is directed that in case the applicants appear and surrender before the courts below within 60 days from today and apply for bail, their prayer for bail shall be considered and decided on its own merits 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 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application U/s 482 is disposed off finally.
Order Date :- 12.9.2018/P.P.