Court No. - 52
Case :- APPLICATION U/S 482 No. - 6321 of 2018 Applicant :- Tej Bahadur Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 2563 of 2016 arising out of Crime no.574 of 2009 (State Vs. Prithvi Chauhan and others) under Sections 341, 268, 383 IPC and 7 Criminal Law Amendment Act, Police Station Mehnagar, Azamgarh pending in the Court of Addl .Chief Judicial Magistrate, Court No. 12, Azamgarh.
Heard learned Counsel for the applicant and learned AGA.
Submission of learned Counsel for the applicants is that first information report was lodged against 14 known and 25-30 unknown persons alleging that they had obstructed road in a matter of death caused due to electrocution. It is also contended that none was arrested on the spot and their names came into light on the basis of statements of co-villagers. However, the police has submitted charge sheet without any credible evidence.
From the perusal of the material on record and looking into the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submission made at the Bar 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 law laid down by the Supreme Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal 1992 SCC(Crl) 426, State of Bihar Vs. P.P. Sharma 1992 SCC(Crl) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (para-10) 2005 SCC (Crl.) 283.
In view of above, the prayer for quashing entire proceedings of the aforesaid case is hereby refused.
However, it is provided that if the applicant appears and surrenders before the Court below within a period of 30 days from today and applies for bail, his prayer for bail may be considered and decided, expeditiously in view of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009(3) ADJ 322 (SC).
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 do not appear before the Court below within the aforesaid period, then interim protection given by this Court will stand discharged and the law will take its own course.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the aforesaid directions, this application is disposed of.
Order Date :- 27.2.2018 Hasnain