Rajeev And Others vs State Of U.P.And Another
2015 Latest Caselaw 2060 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 35303 of 2008
 
Applicant :- Rajeev And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Arvind Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

The present 482 Cr.P.C. petition has been filed for quashing the proceedings of  Criminal Complaint Case No. 336 of 2008, under Sections 498-A, 504, 506 I.P.C. and under Section 3/4 of D.P.Act,  Police Station Tirwa, District Kannauj, pending before learned Judicial Magistrate, Kannauj.

Vide earlier order of this Court dated 16.12.2008  the matter was referred to the mediation centre.  The mediation centre's report dated, 24.4.2009 is on record, which shows that parties are not willing for the mediation.

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 submission made in the present 482 application relates to the disputed question 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings is refused.

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 1.9.2015/Ashish Pd.