Court No. - 52
Case :- APPLICATION U/S 482 No. - 21992 of 2019 Applicant :- Smt. Shakuntala Sharma And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the applicants and A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing Criminal Case No.10526 of 2018 (State vs. Smt. Shakuntala) arising out of Case Crime No.351 of 2017, under Sections 323/427/448/504/506/511, IPC, P.S. Naubasta, district Kanpur Nagar, pending before Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment.
From perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie 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, exercising the power 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, 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, 2005 SCC(Cr) 283.
In this view of the matter, the prayer for quashing the impugned proceeding is refused.
However, it is provided that since Smt. Shakuntala Sharma (applicant-1) is a woman, in case she appears and surrenders before the court below within 30 days from today and applies for bail her prayer for bail shall be considered and decided on the same day.
So far as the applicants-2 and 3 are concerned, in case they appear and surrender before the court within 30 days from today and apply for bail their prayer for bail shall be considered and decided in view of the settled law laid down by this court in the case of Amrawati and another Vs. State of U.P reported in 2004(57) ALR 290 as well as judgment passed by the 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 bail, whichever is earlier, no coercive action shall be taken against the applicants. It is made clear that 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 of.
Order Date :- 31.5.2019 mt