HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29071 of 2015 Applicant :- Arshad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Sumit Goyal, learned counsel for the applicants, and Sri Rajesh Singh, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 130 of 2013, dated 28.08.2013 as well as entire proceeding of Case No. 10119 of 2013, arising out of charge-sheet dated 28.08.2013 filed in Case Crime No. 154-A(C) of 2013, under Sections 452, 323, 504, 506 IPC, Police Station Mandi, District Saharanpur, pending before the CJM, Saharanpur. He further prayed for stay the further proceeding of the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants are 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 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 charge-sheet, as well as proceedings of the aforesaid case is hereby refused.
However, it is directed that in case the applicants appears and surrender before the court below within 30 days from today and applies 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.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. reported in However, in case, the applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
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 :- 28.9.2015 VKG