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2015 DIGILAW 3372 (ALL)

Pusoo @ Arvind Kumar v. State of U. P.

2015-10-28

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 1590 of 2015 arising out of case crime no. 567 of 2015, under sections 147, 323, 504, 506 IPC and section 3(1)(X) SC/ST Act, P.S. Khesaraha, District Siddharth Nagar pending in the court of C.J.M. Siddharth Nagar. 3. 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. 4. 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 relate 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. 5. The prayer is refused. 6. However, it is directed that if applicants appear and surrender before the court below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously 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. 7. 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. 8. State of U.P. 7. 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. 8. With the aforesaid directions, this application is finally disposed of.