Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3495 (ALL)

Virendra @ Vijendra. v. State of U. P. .

2015-11-05

YASHWANT VARMA

body2015
JUDGMENT Yashwant Varma, J. The challenge in the present application under Section 482 Cr.P.C. is for quashing the entire proceedings of Complaint Case No. 6012/9/2015 (Asha Vs. Kamal & others) under Sections 323, 504, 506 IPC P.S. Didouli, District Amroha (J.P. Nagar). 2. 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 submissions made at the bar relate to the disputed questions 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. 3. The prayer for quashing the proceedings of the aforesaid case based on the summoning order is refused. 4. However, it is directed that in case 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 down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as the judgement passed by the Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 5. With the aforesaid directions, this application is finally disposed of. ………………