Court No. - 78
Case :- APPLICATION U/S 482 No. - 46307 of 2019
Applicant :- Kanhaiya
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceedings of Case NO. 1873/2017 (State Vs. Kanhaiya) arising out of Case Crime No. 64/2016 under Sections 147, 148, 149, 341, 188, 323, 504, 332, 353, 336, 34 of the Indian Penal Code, Section 7 of Criminal Law (Amendment) Act and 3/4 of the Prevention of Damage to Public Property Act, Police Station- Knowledge Park, District- Gautam Budh Nagar as well as cognizance order dated 28.04.2017.
Learned counsel for the applicant contended that no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and he has not committed any offence.
All the submission relates to the disputed question 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. The disputed defence of the accused cannot be considered at this stage.
Therefore, prayer for quashing the entire proceeding in the aforesaid case is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within forty five days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 45 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 does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the above directions, this application is disposed of finally.
Order Date :- 17.12.2019/Sharad/-