Court No. - 48
Case :- APPLICATION U/S 482 No. - 6348 of 2019 Applicant :- Surendra Gautam And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.582 of 2015 (Smt. Purnima vs. Surendra Gautam and others) pending before learned A.C.J.M., Court No.3, Agra, U/s 323, 504, 506 IPC, P.S.-Loha, District-Agra.
So far as applicant No.1 is concerned, the following order is being passed:
The contention of the counsel for the applicant is that no offence against the applicant no.1 is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
After hearing learned counsel for the parties and after perusing the averments made in the present application, no case for any interference has been made out. Accordingly, the prayer, as made above, is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall 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 six weeks from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant and also for the aforesaid period the effect and operation of the order issuing non bailable warrant is stayed. 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, so far as applicant No.1 is concerned, this application is finally disposed off.
So far as applicant Nos. 2 to 5 are concerned, the following order is being passed:
Heard learned counsel for the applicants.
Learned A.G.A. has accepted notice on behalf of respondent No. 1.
Issue notice to respondent No. 2 returnable at an early date. Steps be taken within a week.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 2 and rejoinder affidavit to be filed within three weeks thereafter.
List thereafter.
Until further orders of this Court, so far as applicant nos. 2 to 5 are concerned, the further proceedings of Complaint Case No.582 of 2015 (Smt. Purnima vs. Surendra Gautam and others) pending before learned A.C.J.M., Court No.3, Agra, U/s 323, 504, 506 IPC, P.S.-Loha, District-Agra, shall remain stayed.
Order Date :- 22.2.2019 LN Tripathi