Pappu Singh vs State Of U.P. And Another
2015 Latest Caselaw 3058 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 41128 of 2013
 
Applicant :- Pappu Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Suneel Rai
 
Counsel for Opposite Party :- Govt. Advocate,Sunil Kumar
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Suneel Rai, learned counsel for the applicant, Sri Sunil Kumar, learned counsel for opposite party no.2, and Sri Nitin Srivastava, learned A.G.A. appearing for the State, and perused the record.

This application has been filed for quashing the entire criminal proceeding of Criminal Case No. 346 of 2013, Case Crime No. 787 of 2011, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Sector-24, Noida, District Gautam Budh Nagar, and further prayed for stay the proceeding of the aforesaid case.

The contention of learned counsel for the applicant 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 applicant. 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, is hereby refused.

However, it is directed that in case the applicant appears and surrender before the court below within 30 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.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant 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 :- 9.10.2015

VKG