Court No. - 78
Case :- APPLICATION U/S 482 No. - 46708 of 2019 Applicant :- Sirajuddeen Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Srivastava,Archana Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Arvind Kumar Srivastava, learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the charge sheet dated 02.08.2019, cognizance order and N.B.W. issued by Special Judge/ Additional Sessions Judge-III, Auraiya and stay the entire proceeding of Special Case No.2100 of 2019, (State Vs. Sirajudeen), arising out of Case Crime No.101 of 2019, under Section 135 of Indian Electricity Act (Amendment) 2003, P.S. Sahayal, District-Auraiya.
Learned counsel for the applicant contended that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant.
All the submission 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. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the N.B.W., charge sheet dated 02.08.2019 as well as entire proceeding of the aforesaid case is hereby refused.
Learned counsel for the applicant prayed that a liberty may be given to the applicant to appears before the Court below to move discharge application and Court below may be directed to decide the discharge application within the stipulated period.
In view of the matter the applicant is permitted to move discharge application before the Trial Court within one month from today and the Trial Court shall decide the same preferably within a period of two months from the date of filing of application alongwith certified copy of this order.
It is provided that N.B.W. issued against the applicant shall be kept in abeyance for a period of three months.
It is made clear that in case the applicant does appear before the Court below within the aforesaid period no further time shall be given to him and Court may proceed in accordance with law.
With the aforesaid observation, the application is finally disposed of.
Order Date :- 19.12.2019 Rahul.