Siraj And Anr. vs State Of U.P. And Anr.
2015 Latest Caselaw 2814 ALL

Citation : 2015 Latest Caselaw 2814 ALL
Judgement Date : 30 September, 2015

Allahabad High Court

Siraj And Anr. vs State Of U.P. And Anr. on 30 September, 2015

Bench: Ranjana Pandya




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- U/S 482/378/407 No. - 4728 of 2015
 

 
Applicant :- Siraj And Anr.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Arun Saxena
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mrs. Ranjana Pandya,J.

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

This application under Section 482 Cr.P.C. has been preferred with the prayer to quash the entire proceeding of Criminal Case No. 643 of 2014 arising out of impugned charge-sheet No. 26 of 2012 dated 16.10.2012 and impugned order of cognizance dated 5.5.2014 relating to Crime No. 258 of 2012, under Sections 352, 504, 506 I.P.C. and 3(1)(X) SC/ST Act, P.S.-Sadarpur, District-Sitapur.

The contention of the counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.

Learned A.G.A. has opposed the prayer.

It is settled principle of law that the factual aspect of the matter cannot be decided by this Court while exercising jurisdiction under Section 482 Cr.P.C. The submissions made at the Bar relate to disputed question of fact which cannot be entertained by this Court. At this stage only prima facie case has to be seen in the law laid down by the Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866.

Accordingly, the prayer made in this application is hereby refused.

However, it is directed that in case the applicants surrender before the court below within two weeks from today, the bail application shall be decided expeditiously. It is expected that the court concerned shall keep in mind the law laid down by the Apex Court in the case of Lal Kamlendra Pratap Singh v. State of U.P., 2009 (4) SCC 437 as regards the disposal of the bail application is concerned. No further time shall be granted to the applicants.

The present application under Section 482 Cr.P.C. is disposed of.

Order Date :- 30.9.2015

Anurag/-