Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1466 of 2019 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Gyanendra Kumar Singh for the petitioner and A.G.A. appearing for the State.
The writ petition has been filed for quashing F.I.R. dated 16.12.2018, registered as Case Crime No.294 of 2018, under Section 379 IPC, Section 4/21 of Mines & Mineral (Development & Regulation) Act, 1957 read with Section 3 of Prevention of Damages to Public Property Act, P.S. Madihan, district Mirzapur.
The contention of the counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment.
From perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the petitioner. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court, exercising the power under Articel 226 of the Constitution of India. 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, AIR 1960 SC 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, 2005 SCC(Cr) 283.
In this view of the matter, the prayer for quashing the impugned F.I.R. is refused.
However, it is provided that in case the petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the 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 judgment passed by the 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 disposal of the application for bail, whichever is earlier, no coercive action shall be taken against the petitioner. It is made clear that in case the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this petition is disposed of.
Order Date :- 21.1.2019 mt