Court No. - 44
Case :- APPLICATION U/S 482 No. - 38684 of 2018 Applicant :- Ravi Dutt Saini Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Chandra Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 17433 of 2017 (State v. Arvind and others) arising out of Crime Case No. 665 of 1992, under section 25 Arms Act, P.S. Sadar Bazar, District Saharanpur pending in the court of the Chief Judicial Magistrate, Saharanpur as well as the non bailable warrants and proceedings initiated under sections 82 and 83 Cr.P.C.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements 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 applicant. 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case and the charge sheet is refused. In view of the facts and circumstances of the case it is directed that in case the accused persons surrender and move an application , the same shall be considered and decided in accordance with law.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today for cancellation of warrants or apply for bail within one month from today, his 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.
For a period of 30 days from today or till the applicant surrenders and applies for cancellation of warrants or bail, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.10.2018 shailesh