Court No. - 78
Case :- APPLICATION U/S 482 No. - 43537 of 2019 Applicant :- Satyadeo Pal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sheo Mani Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Criminal Case No.894 of 2019 arising out of Case Crime No.0293 of 2018, under Section 379, 411 IPC, 4/21 Mines and Minerals Act, 1957 and 3 Prevention of Public Property Damages Control Act, 1984, Police Station- Marihan, District- Mirzapur pending in the Court of learned Chief Judicial Magistrate, Mirzapur.
It is contended by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
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 applicant. All the submission made by the learned counsel for the 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 the Apex Court in State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defense of the accused cannot be considered at this stage.
In view of the above, the prayer for quashing the entire proceedings of the aforesaid case pending before the court concerned is refused.
However, considering the nature of the allegations made in the FIR and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within thirty days from today and applies for bail, the same shall be considered and decided expeditiously by the courts below.
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 u/s 482 is disposed of finally.
Order Date :- 28.11.2019 Ashutosh Pandey