Court No. - 69
Case :- APPLICATION U/S 482 No. - 35602 of 2019 Applicant :- Mohd. Sajid Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Umair Mahmood, learned counsel for the applicants and Sri Sanjay Singh, learned AGA-I, for the State and also perused the record.
This application has been filed under section 482 Cr.PC with a prayer to stay/quash the charge sheet dated 4.9.2017 being charge sheet No. 226 of 2017, under section 5/25 Arms Act, arising out of Case Crime No. 440 of 2017, as well as to quash the entire proceedings of Criminal Case No. 226 of 2017 (State v. Mohd. Sajid Khan) pending before the ACJM, Court No.1, Bijnor and impugned order dated 8.11.2017, by which the ACJM, Court No.1, Bijnor has taken cognizance.
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 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 question 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the entire proceedings of the aforesaid case pending before the court concerned is refused.
Learned counsel for the applicant further contended and confined his prayer to the extent that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and move an appropriate application for discharge before the court below within two weeks from today the same shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
With the above observations/directions, present application is finally disposed off.
Order Date :- 25.9.2019/ssm