Court No. - 75
Case :- APPLICATION U/S 482 No. - 41994 of 2018 Applicant :- Ram Sewak @ Himmu And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Jai Singh Parihar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceeding of Case No. 2944 of 2018, State Vs. Ram Sevak @ Himmu & others, arising out of case crime 872 of 2017, under section 406, 506 I.P.C. P.S. Mauranipur, District Jhansi. pending in the court of Judicial Magistrate, Mauranipur, Jhansi.
As per the allegation made in the F.I.R. it is alleged that the applicants had taken a sum of Rs. 3.00 lacs from O.P. No.2, however, despite repeated request, the applicants are not returning back the money and threatening him of life.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present application has been instituted with a malfide intention for the purposes of harassment. He has also pointed out certain documents 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 that no offence is made out against the applicants. 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.
P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire proceeding is refused.
However, it is directed that if the applicants appear/surrender before the court below within forty five days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of forty five days from today or till the applicants surrender/apply for 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.
Order Date :- 27.11.2019 R