Court No. - 65
Case :- APPLICATION U/S 482 No. - 44432 of 2019 Applicant :- Kumpal @ Kunwarpal And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ram Tiwari, learned counsel for the applicants, Sri Abhinav Prasad, learned AGA, for the State.
This application has been filed under section 482 Cr.PC with a prayer seeking stay/quashing of the proceedings of Sessions Trial No. 225 of 2019 (State v. Jugal Kishor) Case Crime No. 429 of 2013, under section 302 IPC, Police Station- Bahjoi, District- Sambhal, in connection with impugned summoning order dated 4.9.2019 passed under section 319 Cr.P.C., in Case Crime No. 429 of 2013, under section 302 IPC, Police Station Bahjoi, District- Sambhal pending in the court of Addl. Sessions Judge, Chandausi, Sambhal at Chandausi.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose 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 applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283.
The prayer for stay/quashing the proceedings of the aforesaid case pending before the court concerned is refused.
However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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 applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the above directions, present application is disposed off.
Order Date :- 17.12.2019/ssm