Court No. - 73
Case :- APPLICATION U/S 482 No. - 17436 of 2019 Applicant :- Naresh Kumar Gaur Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 72/2019 arising out of case crime no. 367/2018, under Sections- 420, 406 IPC, P.S.- Khurja Nagar, District Bulandshahar pending before the concerned courts below.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
From perusal of the record, it appears that, prima facie, a cognizable offence is made out against the accused-applicant. The contention raised by the learned counsel for the applicant requires appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicant appears and surrenders before the courts below within 30 days from today and applies for bail, his application for bail shall be considered and decided expeditiously on its own merits.
For a period of 30 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 30.4.2019 Anand