Court No. - 78
Case :- APPLICATION U/S 482 No. - 1020 of 2021 Applicant :- Mustakeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause during the course of the day.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Criminal Case No.65 of 2018 (State Vs. Mustakeem and others) arising out of Case Crime No.0193 of 2017, under Section 3/5A/8 of Cow Slaughter Act and 419, 420, 467, 468, 471 IPC, Police Station- Tharion, District- Fatehpur as well as charge sheet No.149 of 2017 dated 31.08.2017 It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. He further argued that no offence is disclosed against the applicant and present prosecution has been instituted with a malafide intention for the purpose of harassment.
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 by the learned counsel for the applicant 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 law laid down by the Apex Court in State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426. Disputed defence of the applicant cannot be considered at this stage.
In view of the above, the prayer for quashing the entire proceedings of the aforesaid case pending before the court concerned is refused.
However, considering the nature of the allegations made in the FIR and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within 30 days from today and applies for bail, the same shall be considered and decided expeditiously by the courts below.
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 in the aforesaid case. However, in case, the applicant does not appear before the court below within the aforesaid period, the trial court will be at liberty to take coercive action in accordance with law.
With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 18.1.2021 Ashutosh Pandey