Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37100 of 2018 Petitioner :- Surendra Muneem And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Som Veer Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Som Veer for the petitioners and A.G.A. appearing for the State.
The writ petition has been filed for quashing the F.I.R. dated 7.12..2018, registered as Case Crime No.880 of 2018 under Sections 379,406,420 IPC, P.S. Kosikalan, district Mathura.
The contention of the counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. From perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the petitioners. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court, exercising the power under article 226 of the Constitution of India. 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, AIR 1960 SC 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, 2005 SCC(Cr) 283.
In this view of the matter, the prayer for quashing the impugned F.I.R. is rejected.
However, it is provided that in case the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid down 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 the 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 bail, whichever is earlier, no coercive action shall be taken against the petitioners. It is made clear that in case the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. With the aforesaid directions, this petition is disposed of.
Order Date :- 18.12.2018 aks