Court No. - 14
Case :- CRIMINAL APPEAL No. - 6818 of 2018
Appellant :- Pavan Kumar
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Sunil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Sunil Kumar Dubey, learned counsel for the appellant and Sri Jagdamba Prasad Singh, learned A.G.A.
This appeal is preferred by the appellant against the judgment and order dated 17.10.2018 passed by learned A.D.J. (second)/Special Judge (SC/ST Act), District Baghpat in Criminal Misc. No. 30 of 2018 (Mamta vs. Pawan Kumar) arising out of Case Crime No. 895 of 2017 under section 323, 354 B, 376/511 IPC and 3(1) R and 3(1)S (I)(II) of SC/ST Act, Police Station Baghpat, District Baghpat.
Learned counsel for the appellant submitted that the appellant is falsely implicated in this case. After investigation I.O. has submitted the final report in this case and the accused is summoned after rejecting the final report. There was a dispute of financial transaction between the parties.
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 att this stage. 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 prosecution initiated against the applicant in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall 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 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 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 do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this appeal is finally disposed of.
Order Date :- 29.11.2018 Swati