Court No. - 60
Case :- APPLICATION U/S 482 No. - 18229 of 2018 Applicant :- Neetesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 23.04.2018 passed by learned Addl. Chief Judicial magistrate, Court No. 1, Aligarh in Criminal CAse No. 572 of 2018 arising out of Case Crime No.
441 of 2013, under sections 307, 504, 506 IPC, P.S. Delhi Gate, District Aligarh with a further prayer to stay the effect and operation of impugned summoning order dated 23.04.2018.
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 a mala fide intention for the purposes of harassment. Next argued that the present proceedings has been initiated against the applicants as a counter blast of case crime No. 111 of 2011 lodged by the applicants' side. He pointed out certain documents and statements in support of his contention.
All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 prayer for quashing the order dated 23.04.2018 is hereby refused.
However, it is directed that in case, the applicants appears and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided expeditiously by the court below. For a period of 30 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. However, in case, the applicant does 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 :- 30.5.2018 RPD