Court No. - 78
Case :- APPLICATION U/S 482 No. - 43242 of 2019 Applicant :- Sushil Kumar Kesharwani Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Krishna Mani, learned counsel for applicant and learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the N.B.W. dated 31.08.2019 issued by Additional district Judge Court No.2, Allahabad and stay the entire proceeding in S.T. No. 1287 of 2013 (State vs. Sushil Kumar & others) arising out of Case Crime No.134 of 2010, under Section 272, 273 I.P.C. &Section 60 Excise Act, P.S. Khiri, District-Allahabad.
It is contended by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant.
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. There is no sufficient ground to quash the entire proceeding in the aforesaid case.
The prayer for quashing non bailable warrant and the entire proceeding in the aforesaid case is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below concerned within thirty days from today and applies for bail application, the same shall be decided expeditiously in accordance with law.
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 appears before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observation, the application is finally disposed of.
Order Date :- 28.11.2019 Rahul.