Heard Shri Ashutosh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This application under Section 482 has been filed by the applicant for quashing of cognizance order dated 10.9.2020 in Case No.1304 of 2020 arising out of Case Crime No.015 of 2020 under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Rampur pending in the court of Additional Chief Judicial Magistrate, Court No.01, Rampur.
The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
At this stage, disputed question of fact cannot be considered, therefore, the prayer for quashing the entire proceedings, cognizance & summoning order and charge sheet is refused.
However, it is directed, that in case applicant appears and surrenders before the court below within 45 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). 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 appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the above directions, present application is disposed off.
Order Date :- 10.2.2021 S. Singh