Court No. - 72
Case :- APPLICATION U/S 482 No. - 28664 of 2019
Applicant :- Pramod Kumar Srivastava @ Kakku
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ghanshyam Das Mishra,Umesh Panday
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Sri Sanjay Kumar Singh, Advocate files vakalatanama on behalf of O.P. No.2 is taken on record.
Heard Sri Ghanshyam Das Mishra, learned counsel for the applicant and Sri Sanjay Kumar Singh, Advocate for O.P. No.2 as well as learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 2.2.2019 and bailable warrant dated 14.3.2019 in Complaint Case No. 1057 of 2018 under Section 138 of N.I. Act, pending in the court of Additional Chief Judicial Magistrate-IV Allahabad.
The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 at this stage. All the submissions made at the bar, relate to the disputed questions 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 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 entire proceedings of the aforesaid case is refused.
However, it is provided that if the applicant file an application for recalling of the bailable- warrant issued against him within 30 days from today, his application may be considered and disposed of as expeditiously as possible, in accordance with law or in case, the applicant appears and surrender before the court below within 30 days from today and apply for bail, his prayer for bail may 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, no coercive measure shall be taken against the applicant in the aforesaid case.
With the aforesaid directions, this application is finally disposed of. Order Date :- 25.7.2019 Akbar