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2016 DIGILAW 3818 (ALL)

Anil Kumar Malviya v. State of U. P.

2016-11-28

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal,J. Heard learned counsel for the applicants, learned A.G.A.for the State, learned counsel for opposite party No.2 and perused the record. The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 12.07.2016 in Case No.43 of 2016 (State Vs. Anil Kumar Malviya and others), in Case Crime No.454 of 2016, under Sections 452, 323, 504, 506 I.P.C. & 3(1)X SC/ST Act, Police Station-Saini, District-Kaushambi. 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 mala fide 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 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. The disputed defence of the accused cannot be considered at this stage. The prayer for quashing the impugned charge sheet of the aforementioned case is 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 applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. State of U.P. For a period of 30 days from today or till the applicants surrender and apply for 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.