Court No. - 48
Case :- APPLICATION U/S 482 No. - 1883 of 2019 Applicant :- Maharaj Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge- sheet as well as the entire proceedings in Criminal Case No. 13688 of 2018, arising out of Case Crime No. 176 of 2018, under Sections 323, 504, 427, 324, 308 IPC, Police Station Baghwala, District Etah pending in the Court of Chief Judicial Magistrate, Etah. Further prayer has been made to stay the proceedings of the aforesaid criminal case.
It is submitted by the learned counsel of the applicants that one NCR was lodged on behalf of the applicants which is being investigated on the basis of order passed under Section 155 (2) Cr.P.C. Present F.I.R. has been lodged as a counter blast on the basis of false facts. Charge- sheet has been submitted in the matter on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 29.1.2019 ss