Court No. - 52
Case :- APPLICATION U/S 482 No. - 6697 of 2018
Applicant :- Shashikant
Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the non- bailable-warrant order dated 25.1.2017 and 18.1.2018 in S.T. No. 186/2001 in case crime no. 388/2000, u/s 363/366/376 IPC, P.S. Ubhaon, District Ballia.
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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
All the submission made at the bar 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 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 prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks 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 is finally disposed off.
Order Date :- 28.2.2018 Dhirendra/