Krishna Kumar Alias Kishan Kumar vs State Of U.P. And Another
2016 Latest Caselaw 2459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 14741 of 2016
 

 
Applicant :- Krishna Kumar Alias Kishan Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- M.P.S. Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Kaushal Jayendra Thaker,J.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet no.113/2014 dated 22.11.2015 in case no.162 of 2016, case crime no.173A of 2014 (State versus Jagvir and others) under section 147,148,323,307 IPC Police Station Barla District Aligarh pending in the Court of A.C.J.M, Court  No.9, Aligarh.

It is submitted by the learned counsel for the applicants that the FIR has been lodged on false grounds while the applicants had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of the contention.

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

From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the 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 made in the application is refused.

However, it is observed that in case the applicants surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the applicants.

It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.

With the above observations, the application stands disposed of.

Order Date :- 11.5.2016

IB