Court No. - 49
Case :- APPLICATION U/S 482 No. - 29192 of 2018
Applicant :- Vivek And 4 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.3.2018 as well as the entire proceedings of Case No. 673/IX/2018 (State Vs. Vivek and Others), arising out of Case Crime No. 0005 of 2018, under Sections- 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Mathura.
Insofar as the applicant no. 1 is concerned, the contention of learned counsel for the applicant is that no offence against the applicant no. 1 is disclosed and the present prosecution 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.
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 no. 1 at this stage. 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.I.R. 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 lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. 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 U.P.
With the aforesaid directions, this application is disposed of against the applicant no. 1.
Insofar as the applicant nos. 2 to 5 are concerned, learned counsel for the applicants submits that there are general and vague allegations against the applicant nos. 2 to 5.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no. 2, returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive measure shall be taken against the applicant nos. 2 to 5 in the aforesaid case.
Order Date :- 24.8.2018 Gaurav Pal