Court No. - 20
Case :- APPLICATION U/S 482 No. - 34830 of 2018 Applicant :- Sharif And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Ram Shiromani Yadav, learned counsel for the applicants, learned A.G.A. appearing for the State an perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet as well as the entire criminal proceedings of Criminal Case No. 1797 of 2018 (Case No. 185 of 2018) (State Vs. Sharif & Others) arsing out of Case Crime No. 409 of 2017, under sections 452, 308, 506, 323 IPC, P.S. Mundha Pandey, District Moradabad pending in the Court of Addl.Chief Judicial magistrate-II, Moradabad.
The contention of learned counsel for the applicants is that no offence against the applicants is 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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously by the courts below.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.9.2018 RPD