Court No. - 78
Case :- APPLICATION U/S 482 No. - 41518 of 2019 Applicant :- Irshad Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding initiated through summoning order dated 07.08.2019 in Complaint Case No.896 of 2019 (Sanjeev Kumar Vs. Irshad Khan and others) under Sections 342, 392, 504, 506 IPC as well as NBW order dated 21.10.2019 passed by Civil Judge, Junior Division/Judicial Magistrate, Tilhar, Shahjahanpur pending in the court of Civil Judge, Junior Division/Judicial Magistrate, Tilhar, Shahjahanpur.
It is contended by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
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 submission made by the learned counsel for the applicant 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 is to be seen in the light of the law laid down by the Apex Court in State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defense of the accused cannot be considered at this stage.
Due to non-appearance of the applicants before the trial court on 21.10.2019 Non-Bailable Warrant has been issued against the applicants. There is no illegality in the aforesaid order.
In view of the above prayer to quash the entire proceedings and order to issue Non-Bailable Warrant is refused.
However, in view of the fact of the case and submission of learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned within thirty days from today and apply for bail, the same shall be considered and decided expeditiously in accordance with law.
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 applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 28.11.2019 Ashutosh Pandey