Court No. - 45
Case :- APPLICATION U/S 482 No. - 42455 of 2018 Applicant :- Smt. Harshi Syal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the Non Bailable Warrant dated 27.8.2018 issued by Chief Judicial Magistrate, Gautam Buddha Nagar in Criminal Case No. 21082 of 2010 (State Vs. Harshi Syal and others) arising out og Case Crime No. 1560 of 2009 under sections 420, 406, 504, 506 I.P.C. P.S. Sector-20 Nodia, District Gautam Buddha Nagar..
The contention of learned 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 applicants. 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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, it is directed that in case the applicant no.1 appears and surrender before the court below within 45 days from today and apply for bail, his prayer for bail shall be considered and decided 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.
Till than no coercive action shall be taken against the applicant no.1.
However, in case, the applicant no.1 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.This order shall apply only to applicant no.1 since it has been stated applicant nos. 2 and 3 have already arrested.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.11.2018 Atul kr. sri.