Court No. - 49
Case :- APPLICATION U/S 482 No. - 42560 of 2018 Applicant :- Nadir And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiva Priya Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Khehar Singh holding brief of Sri Shiva Priya Prasad, learned counsel for the applicants and Sri Manoj Kumar Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.09.2018 as well as the further proceedings of Case No. 10570 of 2018 (State vs. Nadir and others) arising out of Case Crime No. 580 of 2018, under Sections- 67a Information Technology (Amendment) Adhiniyam, Police Station- Sikandarabad, District- Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar.
Learned counsel for the applicants submits that respondent No.2 is related to the applicants and the respondent no.2 has falsely implicated the applicants. The applicants are innocent and have not committed any offence.
Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicants and there is no ground for quashing the charge-sheet dated 04.09.2018.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicants. In my view, the submissions made by learned counsel for applicants relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submissions made by learned counsel for the applicants are matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash charge-sheet dated 04.09.2018 and the same is declined.
However, in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicants are directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 30 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 29.11.2018/ A. Tripathi (V.P. Vaish, J.)