Court No. - 78
Case :- APPLICATION U/S 482 No. - 43153 of 2019 Applicant :- Mohd. Sakir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sangam Lal Kesharwani,Ajay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned counsel for opposite party no. 2, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash and stay the entire proceeding of Case No. 1129 of 2019 (State vs. Sakir) pending in the Court of IInd Additional Chief Judicial Magistrate, Rampur, Charge Sheet dated 09.05.2019 and the cognizance order dated 06.08.2019 in Case Crime No. 134 of 2019, under Section 420 I.P.C. and Section 15(2), 15(3) Indian Medical Council Act, 1956, P.S. Sahabad, District- Rampur.
It is contended by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant.
All the submission relates to the disputed question 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. The disputed defence of the accused cannot be considered at this stage. There is no sufficient ground to quash the entire proceeding in the aforesaid case.
The prayer for quashing the entire proceeding in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below concerned within forty five days from today and applies for bail application, the same shall be decided expeditiously in accordance with law.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appears before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observation, the application is finally disposed of.
Order Date :- 28.11.2019 Rahul.