Court No. - 81
Case :- APPLICATION U/S 482 No. - 20639 of 2021 Applicant :- Munedar Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicants with the prayer to quash the non-bailable-warrant order dated 09.01.2020, in Criminal Case No. 10180 of 2017 (State Vs. Munedar Yadav & Others), arising out of Case Crime No. 463 of 2015, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Cantt, District Varanasi.
Learned counsel for the applicants has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with malafide intention for the purpose of harassment.
All the submission made at the bar 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, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. 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 order impugned is refused.
However, it is provided that if the applicants file an application for recalling of the non-bailable-warrant issued against them within 30 days from today, their application may be considered and disposed of as expeditiously as possible, in accordance with law or in case, the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail be considered and decided expeditiously by the Court below.
With the aforesaid directions, the instant application is disposed of.
Order Date :- 27.10.2021 AKT