Court No. - 49
Case :- APPLICATION U/S 482 No. - 7083 of 2018
Applicant :- Mahendra Singh
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sujeet Kumar, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of the Case as well as charge sheet dated 29.12.2017 as well as cognizance order dated 15.2.2018 in Criminal Case No. 370/IX/2018 (State Vs. Mahendra Singh and others) arising out of Case Crime No. 140 of 2017, under Sections 379, 411 IPC and Section 4/21 Mines and Minerals Act and Section 3/5 of Public Property Damages (Prevention), Act, Police Station Naraini, District Banda, pending in the Court of Additional Chief Judicial Magistrate, Banda.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing 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 at this stage. 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 based on the charge-sheet is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days and no more from today and applies 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.
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 applicant 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 :- 28.2.2018 Mini