Court No. - 54
Case :- APPLICATION U/S 482 No. - 31455 of 2018 Applicant :- Shahnwaz Ahamad Siddiqui @ Shahnwaz @ Shanu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Criminal Case No. 140 of 2018 (State v. Shahnawaz Ahmad Siddiqui) arising out of Case Crime No. 0519 of 2018, under sections 353, 504, 506, 189 IPC and 3(2)(VA) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Nandganj, District Ghazipur as well as charge sheet dated 14.06.2017 and cognizance order dated 07.06.2018 passed by the Special Judge (SC/ST Act), Ghazipur.
The contention of the counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 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 disputed defence of the accused cannot be considered at this stage.
The prayers for quashing the proceedings of the aforementioned case and the charge sheet dated dated 14.06.2017 and cognizance order dated 07.06.2018 are refused.
However, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the cases of Amrawati and another Vs. State of U.P. [2005 Cr. L. J. 755] as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. [2009 (3) ADJ 322 (SC)].
For a period of 45 days from today or till the applicant surrenders and applies for 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 :- 18.9.2018 shailesh