Court No. - 79
Case :- APPLICATION U/S 482 No. - 43498 of 2019 Applicant :- Ranvir Singh And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Lal,Ashutosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 22.11.2019 passed by learned Special Judge, Dacoity Affected Area/Additional Sessions Judge, Court No.11. Agra in Special S.T. No.89 of 2003, Khyali Ram Vs. Ranvir and others, under Sections 147, 148, 149,302, 201, 396 IPC, Police Station Pinahat, District Agra, pending in the Court of learned Special Judge, Dacoity Affected Area/Additional Session Judge,Court No.11, Agra. By the impugned order NBW were issued against the applicants in the aforesaid Sessions trial.
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 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 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 applicants appear and surrender before the court below within 15 days from today and applied for bail, then their bail application shall be considered and decided expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
With the aforesaid directions, this application is finally disposed of. Order Date :- 28.11.2019 Mini