Court No. - 41
Case :- APPLICATION U/S 482 No. - 28807 of 2019
Applicant :- Naseem And 2 Others
Opposite Party :- State Of Up And Another Counsel for Applicant :- Manoj Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 22.12.2017 and to stay the further proceedings of Case Crime No. 680 of 2017, under sections 504, 506 IPC, P.S. Chandpur, District Bijnor (State Vs. Naseem and others) pending in the court of Civil Judge (J.D.)/Judicial Magistrate Chandpur, District Bijnor.
The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statement in support of his contention.
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. All the submissions made at the bar relate to the disputed questions 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.IR. 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 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the the charge sheet dated 22.12.2017 as well as stay further proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in case the petitioners appear before the court below within a period of 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law.
With the aforesaid observation, the application is disposed of.
Order Date :- 25.7.2019 Mohit