Court No. - 49
Case :- APPLICATION U/S 482 No. - 39604 of 2018 Applicant :- Vijay Pal And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Adesh Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Adesh Kumar Dixit, learned counsel for the applicants and Sri Sanjay Sharma, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.6.2018 as well as the entire proceedings of Case No. 4387 of 2018, arising out of Case Crime No. 0312 of 2017, under Sections- 147, 148, 149, 307, 498A I.P.C. and 3/4 D.P. Act, Police Station- Jewar, District- Gautam Budh Nagar, pending in the court of A.C.J.M.-III, Gautam Budh Nagar.
Learned counsel for the applicants submits that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
Learned counsel for the applicants further submits that three co-accused persons were filed an application under Section 482 of Cr.P.C. bearing No.39837 of 2018 with the aforesaid prayer which was disposed of by this Court vide order dated 12.11.2018 granting interim protection to the applicants for a period of thirty days.
Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicants and there is no ground for quashing the charge-sheet dated 28.6.2018.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicants. In my view, the submissions made by learned counsel for applicants relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submissions made by learned counsel for the applicants are matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash charge-sheet dated 28.6.2018 and the same is declined.
However, in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicants are directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 30 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 27.11.2018 Vivek Kr.