Court No. - 45
Case :- CRIMINAL REVISION No. - 4568 of 2018 Revisionist :- Kuldeep Kumar Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Mohammad Alam Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the revisionist, Shri Bhavesh Pratap Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This criminal revision has been filed for quashing the order dated 26.9.2018 passed by the learned Additional chief Judicial Magistrate, Court No.3 Ghaziabad in Case No. 4794 of 2017 (State of U.P. Vs. Kuldeep and others) under sections 420, 120- B, 463, 467, 468, 471, 406, 506, 34 I.P.C. P.S.
Sihani Gate District Ghaziabad.
The contention of learned counsel for the revisionist is that no offence against the revisionist 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 revisionist. 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 proceedings of the aforesaid case is refused.
However, it is directed that in case the revisionist appears and surrender 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 revisionist.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the revisionist will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 21.12.2018 Atul kr. sri.