Kuldeep And Another vs State Of U.P. & Another
2015 Latest Caselaw 1641 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 22687 of 2015
 
Applicant :- Kuldeep And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Tripurari Pal
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri Tripurari Pal, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned Brief-Holder for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 2.1.2015 as well as entire criminal proceedings of criminal case no.452 of 2015, State Vs. Nagendra and others, arising out of case crime no.457 of 2014, under Sections 323, 452, 504, 506 I.P.C., police station-Gabhana, District Aligarh, pending in the court of A.C.J.M., Court no.5, Aligarh.

The contention of learned 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 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 entire proceedings of  the aforesaid case is refused.

However, it is directed 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 :- 5.8.2015/NS