Court No. - 69
Case :- APPLICATION U/S 482 No. - 36451 of 2019
Applicant :- Mohd. Habib Khan
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ruchita Jain,Manish Kumar Jain
Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin, J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to set aside the summoning order dated 27.02.2019 in Case No. 887 of 2019 - (State Vs. Mohd. Habib Khan) arising out of Case Crime No. 0828 of 2018 under Section 387 I.P.C. & 67 Information Technology Act, (Amended) 2008, Police Station - Kotwali Lalitpur, District - Lalitpur and to quash the entire proceeding of the case.
Heard learned counsel for the applicant and the learned A.G.A appearing for the State.
It is submitted by the learned counsel for the applicant that applicant, who is a News Reporter of a News Channel of Prime Tele Venture News (Prime T.V), has not committed any officence and he has been falsely implicated in the present case. The offences of Section 387 of I.P.C is also not made out from the averments of the F.I.R and bona-fidely he has published the matter in his news paper.
Learned A.G.A appearing for the State opposed the submission of learned counsel for the applicant and has submitted that the District Magistrate, Lalitpur took cognizance of the matter and also issued a letter to the President, Dayodaya Pashu Sanrakshan Kendra, Gaushala, Lalitpur on 11.07.2018. Being annoyed from the order of the District Magistrate, Lalitpur, the said First Information Report was lodged by the complainant.
Considering the submission of learned counsel for the applicant and on perusal of the record, it is clear that the contention so raised pertains to the merit of the case and can not be decided at this stage.
Considering the submission of learned counsel for the parties and filing charge-sheet against the applicant after investigation, no case for quashing of the charge-sheet is made out, however, in the facts and circumstances of the case, it appears appropriate that in case the applicant surrenders before the court below and applies for bail within 30 days from today the same 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant.
It is made clear that no further time will be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 30.09.2019.
Vinod.