Matloob vs State Of U.P. And Anr.
2014 Latest Caselaw 2212 ALL

Citation : 2014 Latest Caselaw 2212 ALL
Judgement Date : 4 June, 2014

Allahabad High Court

Matloob vs State Of U.P. And Anr. on 4 June, 2014

Bench: Bharat Bhushan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- APPLICATION U/S 482 No. - 21023 of 2014
 

 
Applicant :- Matloob
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- O.P. Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bharat Bhushan,J.

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

The present 482 Cr.P.C. application has been filed for quashing the proceedings of Case No. 1001 of 2012 (State Vs. Matloob) and Crime No. 187 of 2012 under Section 135/139 Electricity Act, P.S. Thana Bhawan, District Muzaffar Nagar as well as Charge-Sheet No.169 of 2012 dated 26.6.2012.

All the submissions 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 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.

The prayer for quashing the proceedings of case as well as charge sheet is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 15 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. For a period of 15 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 4.6.2014

Meenu