Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 8080 of 2018 Petitioner :- Jay Ram Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shailendra Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed for quashing the order dated 16.8.2018 passed by IInd Additional Sessions Judge/Special Sessions Judge(S.C./S.T.) (P.A.) Act Ghazipur passed in criminal revision no.27 of 2017(Jay Ram Vs. State of U.P. and another) and summoning order dated 13.5.2015 passed by Chief Judicial Magistrate, Ghazipur in Criminal case No. 213 of 2014(Ram Awadh Ram Vs. Jay Ram).
The contention of learned counsel for the petitioner is that no offence against the petitioner 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 petitioner. 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 summoning is refused.
However, it is directed that in case the petitioner appears and surrenders 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 petitioner.
However, in case, the petitioner dos not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.10.2018 Atul kr. sri.