Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
The present application has been filed for quashing of the charge sheet dated 30.07.2008 passed by learned Chief Judicial Magistrate, Mahrajganj in Case Crime No. 647 of 2008 under Sections 323, 504, 506 I.P.C., Police Station - Ghughli, District - Mahrajganj.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. 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. All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the 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 (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing of the charge sheet is refused. However, since the charged sections are bailable, it is provided that if the applicants appear before the court below within a period of 30 days from today and apply for bail, then their prayer for bail shall be considered and disposed of on the same day, if possible by the court below, after hearing the Public Prosecutor. 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 applicants. However, in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is disposed off. Order Date :- 16.6.2010 Sunil Kr. Gupta