Court No. - 69
Case :- APPLICATION U/S 482 No. - 36275 of 2019
Applicant :- Sunil And 8 Others
Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing Chargesheet No.01/2017 dated 12.11.2017 as well as the entire criminal proceedings of Case No.2294 of 2019, arising out of Case Crime No.2320 of 2017, under Sections 147, 186, 353, 427 and 504 I.P.C., and Section 7 Criminal Law Amendment Act, P.S. Khalilabad, District Sant Kabir Nagar.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The applicants have been implicated being only gas connection holder of the village. The Investigating Office without collecting credible evidence illegally submitted chargesheet against the applicants.
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.
Considering the facts and circumstances of the case, I do not find any ground to quash chargesheet and the criminal proceedings in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants 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 judgment 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 four weeks 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 :- 30.9.2019 Asha