Allahabad High Court
Anil @ Pappu @ Tripurari Saran Pal & ... vs State Of U.P. & Another on 22 November, 2017
Bench: Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 38532 of 2017
Applicant :- Anil @ Pappu @ Tripurari Saran Pal & Another
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Rajesh Kumar Mishra,Parbind Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been moved on behalf of applicants to quash the summoning order dated 22.7.2017 as well as non bailable warrants issued on 7.7.2017 in Complaint Case No. 1301 of 2002 (Prema Devi versus Anil & others) under sections 323, 354, 452, 504 IPC & Section 2(1) 10 of S.C./S.T. Act, Police Station Shivrajpur District Kanpur Dehat, pending in the court Additional Chief Judicial Magistrate IInd, Kanpur Dehat on the ground that due party-bandi the applicants have been falsely implicated in this case.
Learned AGA has submitted that the court below after recording the statements of the complainant and witnesses under section 200 & 202 Cr.P.C. has passed the order impugned.
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 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.
Considering the facts and circumstances of the case, I do not find any ground to quash prosecution initiated against the applicants in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 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 of.
Order Date :- 22.11.2017/SU.
