Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 926 (ALL)

Shakir Ali Khan v. State of U. P.

2016-03-14

PANKAJ NAQVI

body2016
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 summoning order dated 16.02.2016 passed by Chief Judicial Magistrate, Mirzapur as well as proceedings of Case No. 12589 of 2015, State vs. Shakir Ali Khan and another, under section 4/21 of the Mines and Minerals (Regulation & Development) Act, 1957 and section 3/57/70 of U.P. Khanij Parihar Niyamawali, 1963, P.S. Ahraura, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur. 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 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 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. 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. With the aforesaid directions, this application is finally disposed of.