Court No. - 78
Case :- APPLICATION U/S 482 No. - 46807 of 2019 Applicant :- Rijwan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire criminal proceeding of Case Crime No. 7 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities Act 1986, as well as charge sheet no. 1 of 2019 dated 04.03.2019, P.S.- Expressway, District- Gautam Budh Nagar (State Vs. Rijwan).
Learned counsel for applicant contended that applicant is innocent and has been falsely implicated in this case. He further argued that no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant, submission made by learned counsel for applicant relates to the disputed question 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 Apex Court in cases of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused-applicant cannot be considered at this stage. There is no sufficient ground to quash the entire proceeding in the aforesaid case.
The prayer for quashing the entire criminal proceeding including charge sheet in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below within thirty days from today and applies for bail, the same shall be decided expeditiously in accordance with law.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 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 observation, the application is finally disposed of. Order Date :- 19.12.2019 Sharad/-