Court No. - 88
Case :- APPLICATION U/S 482 No. - 20333 of 2017 Applicant :- Veer Sahay And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Kashi Naresh Mishra
Hon'ble Vipin Chandra Dixit,J.
List has been revised.
The report of mediation Centre dated 24.4.2018 is on record, which indicates that mediation completed with no agreement.
Heard Sri Ashok Kumar Singh, learned Counsel for the applicants, learned A.G.A. for the State and Sri Kashi Naresh Mishra, learned Counsel for opposite party no.2.
This application u/s 482 Cr.P.C. has been preferred seeking quashing of entire criminal proceedings of Complaint Case No.8913 of 2016 (Smt. Suman Sahay Vs. Veer Sahay and others) under Sections 498A, 323, 504, 506 IPC, Police Station Banna Devi, District Aligarh.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.
P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire proceedings is refused.
After arguing the case for quite some time at length, learned counsel for the applicants himself has given up to address the Court on merits of the case and prayed, that the purpose of his clients would suffice, if a direction may be given to the courts below to decide his bail application within specific time frame.
However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law.
With the above directions, present application is disposed off.
Order Date :- 28.7.2021 S. Singh