Court No. - 69
Case :- APPLICATION U/S 482 No. - 21679 of 2019
Applicant :- Sunhari Lal
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned counsel on behalf of applicant, is permitted to make necessary correction in the memo of the application.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the non-bailable-warrant order dated 05.04.2019 passed by learned Chief Judicial Magistrate, Etah, in Criminal Case No. 1090 of 2017 arising out of Case Crime No. 461 of 2016, under section 323, 504, 506, 498A, 376 IPC and 3/4 D.P. Act, Police Station Kotwali, District Etah (State Vs. Randheer and others).
The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.
All the submission made at the bar 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, 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.
The prayer for quashing the order impugned 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 as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 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 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 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 aforesaid directions, this application is finally disposed off.
Order Date :- 30.5.2019 Arti