Monu And Another vs State Of U.P. & Another
2015 Latest Caselaw 701 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 
Case :- APPLICATION U/S 482 No. - 15171 of 2015
 
Applicant :- Monu And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajesh Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of criminal case No.531 of 2014 arising out of Case Crime No.230 of 2013 (State vs. Monu) under Sections 323, 504, 506, 452 IPC, P.S. Deoband, District Saharanpur pending in the court of A.C.J.M. Deoband.

The contention of the learned counsel for the applicants is that no offence against the applicant 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 proceedings of the aforesaid case is refused.

However, it is provided 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 :- 27.5.2015/Ashish Pd.