Court No. - 52
Case :- APPLICATION U/S 482 No. - 6602 of 2018 Applicant :- Nand Lal And 20 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 130 of 2011, arising out of Case Crime no. 754 of 2008, under Section 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, P.S. Loni, district- Ghaziabad, pending in the court of 5th Additional District Judge, Ghaziabad as well as charge sheet dated 5.4.2011.
The contention of the counsel for the applicants is that an accident was taken place and according to the prosecution, the applicants were raising protest and had blocked the road, however, it is submitted that it is a case in which no one has sustained any injury nor any damage has been caused to any public property; the chargesheet has been submitted in 2014 but the applicants came to know after issuance of non-bailable warrant by order dated 20.1.2018.
Per contra learned A.G.A. Submitted that 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 applicants. The submissions made by learned counsel for the applicants relate to disputed question of facts, 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 submissions made by learned A.G.A. have force.
The prayer for quashing the proceedings of the aforementioned case and the order is refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.2.2018 Dhirendra/