Court No. - 78
Case :- APPLICATION U/S 482 No. - 41497 of 2019
Applicant :- Sunil @ Sunil Kumar Chauhan
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Ram Janam Singh,Basant Kumar Chauhan
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 under Section 482 Cr.P.C. has been filed by applicant to quash the entire criminal proceeding of Complaint Case No. 345 of 2019 (State Vs. Sunil Chauhan) arising out from Case Crime No. 96/2018 under Sections 494, 498-A, I.P.C., P.S.- Ranipur, District- Mau as well as impugned summoning order dated 06.06.2019 passed in the aforesaid case.
Learned counsel for the applicant contended 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, prayer for quashing the entire proceeding 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 before the court concerned within thirty 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 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 above directions, this writ petition is disposed of finally.
Order Date :- 28.11.2019 Sharad/-