Afzal And 2 Others vs State Of U.P. And Another
2015 Latest Caselaw 1990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 25262 of 2015
 
Applicant :- Afzal And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Aslam Ansari
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri Mohd. Aslam Ansari, learned counsel for the applicants, Sri Nitin Srivastava,learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of criminal case no.2201 of 2015 including the charge sheet dated 9.9.2013, arising out of case crime no. 91 of 2013, under Sections 354, 354A, 323, 504 I.P.C. and Section 8 POCSO Act, police station Mirzapur, District Saharanpur.

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 entire proceeding as well as charge sheet submitted in 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 :- 26.8.2015/NS