Court No. - 78
Case :- APPLICATION U/S 482 No. - 41428 of 2019 Applicant :- Mohd. Yasin Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash as well as stay the entire proceeding of Complaint Case No.1509 of 2016 (Jakir vs. Yasin), under Section 406 I.P.C., P.S. Kotwali Nagar, District- Aligarh.
It is contended by learned counsel for the applicants 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 within thirty days from today and applies his bail application, the same shall be decided expeditiously in accordance with law.
For a period of 30 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 appear 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 :- 26.11.2019/Rahul.