Court No. - 49
Case :- APPLICATION U/S 482 No. - 19788 of 2018
Applicant :- Mohammad Aslam And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Safdar Ali Kazmi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
The learned counsel for the applicants is permitted to correct the prayer clause during the course of the day.
Sri Prashant Pandey has filed his Vakalatnama on behalf of opposite party no.2, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 5068 of 2018 (State Vs. Mohammad Aslam) pending before the learned Judicial Magistrate- I, Allahabad arising out of case crime no. 0142 of 2017 under Sections 147/148/323/452/427/506/504/324/325 IPC, PS Kotwali, District Allahabad including the impugned chargesheet submitted in the aforesaid case and summoning order dated 19.4.2018 passed by the learned Judicial Magistrate-I, Allahabad.
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 applicants 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 applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their 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 applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants 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 :- 30.5.2018 Mini