Court No. - 42
Case :- APPLICATION U/S 482 No. - 7286 of 2019 Applicant :- Raju Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicant Raju, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 17.12.2018 passed by A.C.J.M., Sant Kabir Nagar in Criminal Case No. 72 of 2018, Neha Vs. Raju and others, under Sections 147, 148, 498A, 323, 506 I.P.C. and 3/ 4 D.P. Act, P.S. Mehdawal, district Sant Kabir Nagar, pending in court of A.C.J.M., Sant Kabir Nagar.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.
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 malafide intention for the purposes of harassment. Learned counsel has pointed out towards certain documents and statements in support of his contention.
Learned A.G.A. has opposed the application by contending that 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.
Considered the rival submissions made by the parties.
The submissions made by learned counsel for the applicant call for adjudication on pure questions of fact, which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case.
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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and the recent being A.R.C.J. Vs. Nimra Cerglass Technics (P) Ltd. (2016) 1 SCC 348. Therefore, this Court does not deem it proper and cannot be persuaded to have a pre-trial before the actual trial begins. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge by moving a proper application for the said purpose before the trial court and he is free to make all the submissions in the said discharge application before the Trial Court including those which have been canvassed by him before this Court in this application.
Accordingly the prayer for quashing the summoning order dated 17.12.2018 is refused.
At this juncture, learned counsel for the applicant prayed that the applicant is ready to surrender before the court and to move bail application, however, some time be provided to him for such purpose and the court below be directed to consider his bail application expeditiously in accordance with the law as laid down by this Court in the Full Bench decision ofAmrawati and another Vs. State of U.P., 2005 Cri.L.J 755 affirmed by Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437. Prayer has also been made to direct the learned trial court to consider his discharge application.
Learned AGA has no objection against the aforesaid prayer.
As the law laid down in both the aforesaid cases, should be complied with in letter and spirit, by all courts, it is expected from the trial court that in case the applicant surrenders before it within 30 days from today and applies for bail it will decide his bail application in wake of the law laid down by this Court in the Full Bench decision of Amrawati and another Vs. State of U.P., 2005 Cri.L.J 755 affirmed by Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.
For a period of 30 days from today, which shall not be extended further in any case, no coercive action shall be taken against the applicant, in the above mentioned case.
With the aforesaid directions this application is finally disposed off.
Order Date :- 25.2.2019 Pcl