Zafar Usmani And 5 Others vs State Of U.P. And Another
2017 Latest Caselaw 245 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 13562 of 2017
 

 
Applicant :- Zafar Usmani And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Hitesh Pachori
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 108 of 2015 (Nanhey vs. Hussain and others), under Sections 147, 452, 323, 504, 506 IPC, P.S. Tajganj, District Agra pending before Judicial Magistrate, Court No.1, Agra as well as summoning order dated 03.10.2016.

The contention of the learned counsel for applicants is that no offence against applicants 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 applicants.  All the submission 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

The prayer is refused. Application is dismissed.

However, if applicants appear and surrender before the court below within six weeks from today and apply for bail, the court below, while considering their bail, shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.

For a period of six weeks from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. This interim protection shall automatically seize to have any effect after expiry of the aforesaid period.

Order Date :- 8.5.2017

Imroz