Aftab And 10 Others vs State Of U.P. And Another
2015 Latest Caselaw 2932 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29904 of 2015
 
Applicant :- Aftab And 10 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Ram Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sanjay Ram Tripathi, learned counsel for the applicants, and Sri Awadesh Saxena, learned A.G.A. appearing for the State, and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 2630 of 2015 (State Vs. Ali Ahmad and others), based on the charge-sheet No. 129 of 2014  dated 15.10.2014, arising out of Case Crime No. 570 of 2014, under Sections 147, 336, 308, 323, 504 IPC, Police Station Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau, and also the order dated 30.06.2015 issuing summons against the applicants to face trail, and further prayed for stay the proceeding of the aforesaid case. 

The contention of learned counsel for the applicants is that no offence against the applicants are 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 proceedings of the aforesaid case based on the charge-sheet is refused.

However, it is directed that in case the applicants appears and surrender before the court below within 30 days from today and applies 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.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 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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 :- 6.10.2015

VKG