Court No. - 78
Case :- APPLICATION U/S 482 No. - 46341 of 2019 Applicant :- Nafees Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceedings of charge sheet dated 19.06.2016 in Criminal Case No.130 of 2017 arising out of Case Crime No.58 of 2016, under Sections 323, 332, 353, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Madanpur, District- Deoria and cognizance as well as summoning dated 23.02.2017 passed by Judicial Magistrate, Court No.11, Deoria pending in the Court of Judicial Magistrate, Court No.11 Deoria.
Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicants are innocent and they have not committed any offence.
All the submission 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. The disputed defence of the accused cannot be considered at this stage.
Therefore, prayer for quashing the cognizance as well as summoning order dated 23.02.2017 and charge sheet dated 19.06.2016 in the aforesaid case is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned within 45 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 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 applicants in the aforesaid case. 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 above directions, this application u/s 482 is disposed of finally.
Order Date :- 18.12.2019 Ashutosh Pandey