Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 5133 of 2018
Petitioner :- Radhika Tandan And 4 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Syed Hasan Shaukat Abidi,Amardeep Gaur,Sandeep Kumar
Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Office may correct the name of learned counsel for the petitioner as Sameer Kumar in place of Sandeep Kumar in the array of parties.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed to quash the order dated 01.09.2017 passed by the A.C.J.M., Court No. 3, Bijnor in Criminal Revision No. 347 of 2017, arising out of Case Crime No. 356 of 2016, under Section 306 I.P.C., F.R. Prakrin Vad Sankhya 115 of 2017, Police Station- Nagina, District- Bijnor.
Presently, it appears that the learned Court below has taken into account the suicide note, at this stage as genuine by the opinion expressed by the handwriting expert. No interference is warranted, at this stage, however, leaving all defence and remedy open to the petitioners to be raised and sought at the appropriate stage.
All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. 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 proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their 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.
With the aforesaid directions, this petition is finally disposed of. Order Date :- 31.7.2018 Abhilash