Court No. - 41
Case :- APPLICATION U/S 482 No. - 28813 of 2019 Applicant :- Sushil Kumar @ Sunil Kumar And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shiv Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,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 the entire proceeding of Case No. 4271 of 2016 (State Vs. Sushil and others) arising out of Charge sheet dated 5.7.2015 in Case Crime No. 342 of 2015, under sections 147, 427, 308 IPC, P.S. Billaur, District Kanpur Nagar pending in the court of Chief Judicial Magistrate, Kanpur Nagar.
The contention of the 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. He pointed out certain documents and statement in support of his contention.
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 submissions made at the bar relate to the disputed questions 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.IR. 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 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.
The prayer for quashing the entire proceeding of the aforementioned case is refused.
However, it is directed that if the applicants 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 by this Court in the case of Amrawati and anotherVs. 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 UP. For a period of 30 days from today or till the applicants surrender and apply for 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 :- 25.7.2019 A.