Court No. - 78
Case :- APPLICATION U/S 482 No. - 41512 of 2019 Applicant :- Rajesh Ahirwar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Harish Chandra Mishra, learned counsel for applicants and learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash and stay the entire proceeding of summoning order dated 29.08.2019 passed by Special Judge (D.A.A. Act)/Additional sessions Judge, Jhansi of Complaint Case No.22 of 2015 (Nanhey Bhai Yadav vs. Rajesh Ahirwar and others), under Sections 395, 452, 323, 325, 504, 506 I.P.C., P.S. Mauranipur, District- Jhansi.
It is contended by learned counsel for the applicants that no offence against the applicants is disclosed 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.
All the submission 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 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. The disputed defence of the accused cannot be considered at this stage. There is no sufficient ground to quash the entire proceeding in the aforesaid case.
The prayer for quashing the entire 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 concerned within thirty days from today and apply for 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 Rahul.