Court No. - 72
Case :- CRIMINAL REVISION No. - 3250 of 2019
Revisionist :- Saroj Sonkar
Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present revision under Section 397/401 Cr.P.C., has been filed for setting aside the order dated 31.07.2019 as well as the entire proceedings of Case No. 3558 of 2018 (State Vs. Vivek Sharma and others), arising out of Case Crime No. 112 of 2018, under Sections- 406, 420 I.P.C. and under Section 138 N.I. Act, Police Station- Saray Lakhansi, District- Mau.
The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
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 applicants at this stage. 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 prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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.
With the aforesaid directions, this application is finally
disposed of.
Till then no coercive action shall be taken against the applicant.
However, in case, the applicant do not appears before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the court below as directed above.
Order Date :- 22.8.2019 S.K