Court No. - 11
Case :- APPLICATION U/S 482 No. - 13952 of 2018 Applicant :- Kaleem@ Sardar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the further proceedings of Case No. 39 of 2018 (State Vs. Kaleem @ Sardar) in Case Crime No. 340 of 2017, under Sections 354B, 452, 147, 149, 323, 325, 506, 427 I.P.C. and Section 7/8 the Protection of Children From Sexual Offence Act and under Section 3(1) Da, Gha, 3(2) 5Ka SC/ST Act, Police Station-Falawada, District-Meerut.
The contention of the counsel for the applicant is that no offence against the applicant 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.
Per contra learned A.G.A. submitted that 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. The submissions made by learned counsel for the applicant relate to disputed question of facts, 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 disputed defence of the accused cannot be considered at this stage.
The submissions made by learned A.G.A. have force.
The prayer for quashing the proceedings and the charge-sheet is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies 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.
For a period of 30 days from today or till the applicant surrenders and applies for 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 him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.4.2018/Anurag/-