Court No. - 2
Case :- APPLICATION U/S 482 No. - 21196 of 2019 Applicant :- Smt. Saroj Devi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicants and Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the criminal proceeding of Case No. 2469 of 2018, arising out of Case Crime No. 68 of 2018, under Section 506 and 406 IPC as well as charge sheet no. 130 of 2018 dated 11.4.2018, P.S. Kotwali Kannauj, District Kannauj.
It has been argued by the learned counsel for the applicants that accused-applicants have been falsely implicated. No case is made out on the basis of evidence on record under the aforementioned sections, hence the charge sheet needs to be quashed.
Learned A.G.A. has opposed the prayer for quashing of the same.
As per F.I.R., the accused-applicant are stated to have abused and given life threat to the opposite party no. 2 and after investigation police has submitted charge sheet.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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 disposal of the application for grant of bail whichever is earlier, 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 :- 10.6.2019 A.P. Pandey