Heard learned counsel the applicants and learned A.G.A. State respondent The present 482 Cr.P.C. petition has been filed for quashing the quashing the orders dated 18.5.2010 and 26.5.2010 (State Vs. Hasim Ali Siddiqui and others) passed by C.J.M. Aligarh in case crime no. 83 of 2010 under sections 420, 452, 427, 323, 504 and 506 I.P.C. P.S. Civil Lines, Aligarh.
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 no offence is made out against the applicants. All the submission made at the bar 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 it to be seen.
The prayer for quashing the non bailable warrant order is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then their prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of 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 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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 16.6.2010 Aks