Court No. - 74
Case :- APPLICATION U/S 482 No. - 43167 of 2019 Applicant :- Jamir @ Khan Asif Jamil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bir Bhan Singh,Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet as well as proceedings of criminal case no. 10286 of 2018 (State Vs. Tarik Jamal and others), arising out of crime no. 180 of 2017, under Sections 323, 498- A IPC and Section 3/4 D.P. Act, Police Station Kotwali, district Fatehpur pending in the court of Chief Judicial Magistrate, Fatehpur. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel for the applicants that the FIR has been lodged on false grounds while the applicants had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of the contention.
Learned A.G.A. has opposed the prayer.
From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the 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 made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the Court below for expeditious disposal of the bail application of the applicants.
Hence it is directed that in case the applicants surrender before the court below and applies for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.11.2019 Sachdeva