Allahabad High Court
Mohd. Yusuf vs State Of U.P. And Another on 4 April, 2016
Bench: Bharat Bhushan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- APPLICATION U/S 482 No. - 9614 of 2016
Applicant :- Mohd. Yusuf
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mohd. Aslam Khan
Counsel for Opposite Party :- G.A.
Hon'ble Bharat Bhushan,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 5.5.2011 submitted in case Crime No. 235 of 2011, under Sections 420, 467, 468, 471, 506, 120-B IPC, P.S. Chandpur, District Bijnor.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.
From the perusal of 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 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 before the court below and he is free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of case as well as charge sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 15 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. For a period of 15 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 4.4.2016
RavindraKSingh
