Allahabad High Court
Ashu Gupta Alias Ashish Kumar And ... vs State Of U.P. And Anr on 5 March, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 7926 of 2019
Applicant :- Ashu Gupta Alias Ashish Kumar And Anr
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Mohammad Farooque Ansari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,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 filed for quashing the charge-sheet no. 428 of 2018 dated 7.9.2018, under section 406, 420, 504, 506 IPC, P.S. Kairana, District Shamli and entire criminal proceeding of Case No. 650 of 2019 (State Vs. Ashu Gupta & others) under section 406, 420, 504, 506 IPC, P.S. Kairana, District Shamli arising out of Case Crime No. 452 of 2018 pending in the court of Civil Judge (Sr. Division), Shamli at Kairana.
The contention of the counsel for the applicants is that no offence against the 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 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 the charge-sheet dated 7.9.21018 as well as entire criminal proceeding of 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 :- 5.3.2019
Masarrat
