Court No. - 43
Case :- APPLICATION U/S 482 No. - 12997 of 2018 Applicant :- Vijay Shankar Dubey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Power of Sri O.P. Mishra on behalf of the complainant is taken on record.
Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No.3105/2016 (Shiv Kumar vs. Vijay Shankar), under Sections 420/504/506 IPC, P.S. Haliya, Mirzapur.
The contention of the learned counsel for applicant is that no offence against applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements 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 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 the law laid down by the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.
The prayer is refused.
The application is dismissed.
However, if applicant appears and surrenders before the court below within 6 weeks from today and applies for bail, the court below, while considering his bail, shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of 6 weeks from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case he does not appear before the court below within the aforesaid period, coercive action shall be taken against him. This interim protection shall automatically cease to have any effect after expiry of the aforesaid period.
Order Date :- 27.4.2018 Chandra