Heard learned counsel the applicant and learned A.G.A. State respondent The present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 9.3.2010 passed by Special Judge, Gangsters Act, Varanasi in Special Trial No. 117 of 2005(State Vs. Pradeep Kumar Singh and others under section 3 (1) of Uttar Pradesh Gangsters and Anti Social Activities Prevention Act, 1986, whereby process under section 82 Cr.P.C. has been issued 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. He pointed out certain documents and statements 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 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 under Section 482 Cr.P.C. At this stage only prima facie case it to be seen.
The prayer for quashing the order is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then his prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of 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 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 off.
Order Date :- 16.6.2010 Aks