Court No. - 78
Case :- APPLICATION U/S 482 No. - 46443 of 2019 Applicant :- Sohanlal Alias Rukhvaran Kushwaha Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Case No.3612 of 2019 (State Vs. Sohanlal) arising out of Case Crime No.168 of 2018, under Section 2(3) Prevention of Damage to Public Property Act, Police Station- Kannauj, District- Kannauj as well as charge sheet dated 03.07.2019 in the aforesaid case pending before the Chief Judicial Magistrate,Kannauj.
It is contended by learned counsel for the applicant that no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and he has not committed any offence.
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.
Therefore, the prayer for quashing the entire proceeding and charge sheet dated 03.07.2019 in the aforesaid case is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within 45 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement 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 45 days 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 in the aforesaid case. 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 u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 18.12.2019 Ashutosh Pandey