Court No. - 49
Case :- APPLICATION U/S 482 No. - 27437 of 2021 Applicant :- Ravi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This petition under section 482 Cr.P.C. has been filed for quashing of entire proceeding of case no. 11453 of 2021 as well as summoning order dated 13.08.2021 arising out of case crime no. 91 of 2020, under sections 498-A, 323, 506, 354 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Firozabad.
It is contended by the learned counsel for the applicants that the present proceeding is nothing but gross abuse of process of law. He further submits that no offence is made out against the applicants and the present prosecution has been launched with the mala fide intention. He has referred to various documents and statements in support of his contentions.
From the perusal of the material on record and looking to the facts of the case, it can not be said at this stage that no offence is made out against the applicants. All the contentions raised by the applicants involve adjudication of disputed questions of facts which cannot be done in exercise of power under section 482 Cr.P.C. In such circumstances, the prayer for quashing of charge sheet and consequent proceedings is hereby rejected.
Lastly, counsel for the applicants prayed for a direction being issued to the trial court to decide the application for bail in accordance with the dictum of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. and others reported in (2009) 4 SCC 437 and of this court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290. In the case of Lal Kamlendra Pratap Singh (Supra), the Apex Court has observed as under :-
"We fully agree with the view of the High Court in Amrawati case and we direct that the said decision be followed by all courts in U.P. in letter and spirit, particularly since the provision for anticipatory bail does not exist in U.P.
In appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation, as held by this Court in Joginder Kumar case. Also, arrest is not a must in all cases of cognizable offences, and in deciding whether to arrest or not the police officer must be guided and act according to the principles laid down in Joginder Kumar case."
The aforesaid prayer is based on the mere apprehension. There is no doubt in the mind of this court that in case the applicants surrender and file bail application, the same will be considered by the trial court on its own merits and strictly in accordance with law and keeping in mind the observation of the Apex Court in the case of Lal Kamlendra Pratap Singh (supra) and of this Court in Amrawati and another (supra).
The petition stands disposed of accordingly.
Order Date :- 21.12.2021 Vikram (Manoj Kumar Gupta,J.)