Court No. - 64
Case :- APPLICATION U/S 482 No. - 46866 of 2019
Applicant :- Sonelal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2785 of 2019 (State Vs. Sonelal and Others) arising out of Case Crime No. 191 of 2019, under Sections 452, 323, 504, 506, 427 I.P.C., police station Kotwali Kannauj, district Kannauj, pending in the court of Chief Judicial Magistrate, Kannauj as well as charge- sheet dated 20.04.2019.
The contention of the counsel for the applicants is that there is civil dispute between the parties and false and frivolous case registered against the applicants. He next submits that police has submitted the chargesheet without appreciating the fact.
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 in exercise of power conferred 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. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and applies for bail, then the bail application of the applicants be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 18.12.2019 Vibha Singh