Court No. - 78
Case :- APPLICATION U/S 482 No. - 17553 of 2020 Applicant :- Sonu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicants to allow this application and to quash entire criminal proceedings in criminal case No. 7045 of 2020 in case crime no. 59 of 2019 as well as charge sheet no. 24 of 2020 and cognizance order dated 14.07.2020 Under Section 147, 149, 186, 188, 332, 336, 341 I.P.C. & Section 3 of Prevention of damages to public property Act and Section 7 of Criminal Law Amendment Act, Police Station- Malawan, District Etah pending in the court of learned Judicial Magistrate, Etah.
It is contended by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. Charge sheet has been filed on the basis of insufficient evidence.
From the perusal of material on record and looking into the matter of the case, at this stage at cannot be said that no offense is made out against the applicants.
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.There is no sufficient ground to quash the charge sheet in the aforesaid case.
The prayer for quashing the charge sheet, cognizance and summoning order in the aforesaid case is hereby refused.
At this stage, learned counsel for applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Learned A.G.A. has no objection regarding expeditious disposal of bail application.
In view of the submission made by learned counsel for parties and considering the facts of the case, it is provided that if applicants appear and move their bail application before the court below concerned within 30 days from today, the same shall be considered and decided expeditiously in accordance with law.
For a period of 30 days from today or till the surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. However, in case, the applicants do not appear before the court below within the aforesaid period, the trial court will be at liberty to take coercive action against the applicants in accordance with law.
With the aforesaid observation, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 5.1.2021 Sachin