Court No. - 65
Case :- APPLICATION U/S 482 No. - 42894 of 2019 Applicant :- Shubham Bhatt Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prince Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Prince Srivastava, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA for the State.
This application has been filed under section 482 Cr.PC with prayer to quash/stay the operation of the order dated 28.6.2019 passed by Addl. CJM, Moradabad in Case No. 357 of 2013 (State v. Shubham Bhatt and others), Case Crime No. 282 of 2012, under section 323,504,506,307 IPC, Police Station- Kotwali, District- Moradabad.
The contention of learned 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 purpose 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 applicant. 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.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283.
The prayer for quashing/stay of the order dated 28.6.2019 in the aforesaid case, passed by the Addl. CJM, Moradabad is refused.
However, it is provided that if the applicant files an application for recalling of the non- bailable warrant issued against him within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrender before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of the applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC).
For a period of 30 days from today or till 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 above directions, present application is disposed off.
Order Date :- 28.11.2019 ssm