Court No. - 88
Case :- APPLICATION U/S 482 No. - 16778 of 2021 Applicant :- Fayanath Nishad @ Faya Opposite Party :- State Of U.P And Another Counsel for Applicant :- Shamsuddin Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shamsuddin Ahmad, 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 preferred seeking quashing the order dated 30.6.2021 passed by Addl. Chief Judicial Magistrate (Bansgaon), Gorakhpur in Case No.301 of 2019 (State Vs. Lalji) arising out of Case Crime No.0290 of 2018 under Sections 386, 504, 506 IPC, P.S. Belghat, District Gorakhpur.
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 aforesaid 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 clients would suffice, if a direction may be given to the courts below to decide their 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 :- 30.9.2021 S. Singh