Court No. - 91
Case :- APPLICATION U/S 482 No. - 27729 of 2007
Applicant :- Shiv Pujan And Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- Ram Raj
Counsel for Opposite Party :- Govt. Advocate,V S Parmar
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicants, Sri V.S. Parmar for the informant/complainant and the learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 12.04.2007 passed in Case No. 75/12 of 2006 (Kallu Singh Vs. Shiv Pujan & Others), under Sections 304, 323, 504 I.P.C., Police Station Sumerpur, District Hamirpur passed by the learned C.J.M., Hamirpur as well as the entire proceedings of the aforesaid case. Further the non bailable warrants dated 29.08.2007 has also been challenged and prayer for quashing thereof, has also been made.
The contention of the learned counsel for the applicant is that the since the matter is old, he may be granted time to surrender before the court below within one month.
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 at this stage. 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 entire proceedings of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, 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 in view of the settled law laid 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 Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days, no coercive measure shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 28.10.2021 Arun K. Singh