Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Application has been filed for quashing the order dated 22.09.2007 passed by learned Chief Judicial Magistrate, Jaunpur in Case No. 1161 of 1995 (Chnnu Versus Karmu) under Section 323, 324, 504 I.P.C., Police Station - Zafrabad, District - Jaunpur pending in the Court of Chief Judicial Magistrate, Jaunpur, whereby a non-bailable warrant has been issued against the applicant.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents in support of his contentions.
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 submissions made at bar relates 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.
However, it is provided that if the applicant appear and surrender before the court below within a period of 30 days from today and apply for bail, then his prayer for bail shall be considered in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-290 and in the recent decision of the Supre Court dated 23.03.2009 in Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor. 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 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 disposed of.
Order Date :- 15.6.2010 A. Verma