Bal Govind And Others vs State Of U.P. And Another
2011 Latest Caselaw 6283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 39326 of 2011
 

 
Petitioner :- Bal Govind And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- M.P. Pandey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Learned counsel for the applicants is permitted to correct the prayer.

Heard learned counsel for the applicants and learned A.G.A.

The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of Criminal Complaint Case pending before the learned Judicial Magistrate, Court No.2, Siddharth Nagar in Case No. 203 of 2011, under Sections 452, 323, 504, 506 I.P.C.

The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He referred to 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Section 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings is refused.

However, it is directed that in case the applicants appear before the court below, they shall be released on their executing a bond with or without sureties as the concerned court may direct for their appearance in the court. For a period of 30 days from today no coercive action shall be taken against the applicants. However in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

Subject to the aforesaid directions, this application is finally disposed of.

Order Date :- 2.12.2011

Bhaskar