HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- APPLICATION U/S 482 No. - 14839 of 2015 Applicant :- Bhanu Prakash Badal And Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- P.K. Kashyap Counsel for Opposite Party :- Govt. Advocate Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the non bailable warrant issued against the applicant in S.T. No. 29 of 2005, State Vs. Om Prakash and others, pending in the Court learned Session Judge, Dacoity Affected Area Ora.
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 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 summoning order as well as proceedings of the aforesaid case is refused.
However, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.5.2015 Ashish Pd.