Court No. - 40
Case :- APPLICATION U/S 482 No. - 43299 of 2018 Applicant :- Om Prakash Singh Kushwaha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of complaint case No. 05 of 2002 (Rekha Devi Vs. Rajvir and others), under Sections 452, 323, 436, 120-B, 504 I.P.C., Police Station Amirtpur, District Farrukhabad, pending in the court of Special JudgeD.A.A., Farrukhabad and order dated 07.09.2018 u/s 82 Cr.P.C. passed against the applicant.
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 malafide intention for the purposes of harassment. It is submitted that allegations against the applicant is without an iota of truth. He had no knowledge about the N.B.W. dated 05.01.2017 and 07.09.2018.
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 applicant. 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. record indicate that the applicant was summoned by order dated 21.08.2002 filed as Annexure No.2 to the application. Applicant has challenged the summoning order dated 21.08.2002 before this Court in Criminal Revision No. 4151 of 2004, which has been dismissed on 20.05.2016 (Annexure No. 4 to the application). 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 prayer for quashing the proceedings and order dated 07.09.2018 is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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 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 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 directions, this application is finally disposed of.
Order Date :- 30.11.2018 Abhishek