Court No. - 73
Case :- APPLICATION U/S 482 No. - 17489 of 2019
Applicant :- Smt. Kanchan Sharma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Rana
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1052/2017 arising out of case crime no. 0085/2016, under Sections- 420, 406, 504, 506 IPC, P.S.- Sherghar, District Bareilly pending before the concerned courts below.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
From perusal of the record, it appears that, prima facie, a cognizable offence is made out against the accused-applicants. The contention raised by the learned counsel for the applicants requires appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 30 days from today and apply for bail, their applications for bail shall be considered and decided expeditiously on its own merits 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 applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against the applicants.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 30.4.2019 Anand