Court No. - 78
Case :- APPLICATION U/S 482 No. - 41921 of 2019 Applicant :- Pawan Kumar Verma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dushyant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for applicants, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the proceeding under Section 82 Cr.P.C. in Case Crime No. 516 of 2019 under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act 1986, P.S. Chandpur, District- Bijnor.
Learned counsel for applicant contended that applicants are innocent and have been falsely implicated in this case. He further argued that no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicants, submission made by learned counsel for applicant relates to the disputed question 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 Apex Court in cases of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused-applicants cannot be considered at this stage. There is no sufficient ground to quash the proceeding in the aforesaid case.
In view of above, the prayer for quashing the proceeding in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicants appear and surrender before the court below within fifteen days from today and apply their bail application, the same shall be decided expeditiously in accordance with law.
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 applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observation, the application is finally disposed of. Order Date :- 28.11.2019/Sharad/-