Munni Devi and Others v. State of U. P. And Another
2010-12-15
RAJESH DAYAL KHARE
body2010
DigiLaw.ai
Rajesh Dayal Khare,J.:- Heard learned counsel for the applicants and learned A.G.A. for the State respondents. The present 482 Cr.P.C. application has been filed for quashing of charge sheet dated 25.01.2009 in Case Crime No. 1048/2008 under Sections 147/323/354/452/427/504/506 I.P.C. and 3(1) (x) SC/ST Act, pending before the Chief Judicial Magistrate, Sonbhadra. It is contended that the applicants no. 2 and 3 are old aged persons of 66 years and 69 years and therefore, the application for bail may be considered if possible on the same day. It is further argued that applicant no. 1 is a lady and her bail application may also be considered and decided on the same day. 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. It is lastly contended by learned counsel for the applicants that the applicant no.4 is a lady, therefore her bail application be considered on the same day by the Court below. 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. Moreover, the applicants have got right of discharge under Section 239 or 227/228, Cr.P.C. as the case may through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing of charge sheet is refused.
Moreover, the applicants have got right of discharge under Section 239 or 227/228, Cr.P.C. as the case may through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing of charge sheet is refused. However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants no. 1, 2 and 3 shall be considered by the Court below on the same day if possible, and for remaining applicants their prayer for bail shall be considered 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.