Heard learned counsel for the applicants and learned AGA for the State- respondent.
The present 482 Application has been filed for for quashing the proceedings of case no. 1087 of 2010 (State Vs. Shiv Poojan and another) in case crime no. 357 of 2007 under section 3/7 Essential Commodities Act, P.S. Madiyahun, District Jaunpur pending in the Court of Learned Addl. Chief Judicial Magistrate, Ist, Jaunpur.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed. It is contended by learned counsel for the applicants that the applicants' bail application be considered on the same day by the Court below.
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 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.
However, it is provided that if the applicants appear and surrender before the court below within 15 days from today and apply for bail, then the bail application of the applicants shall be considered by the Court below on the same day if possible, With the aforesaid directions, this application is finally disposed of. Order Date :- 21.6.2010 yachna