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2017 DIGILAW 745 (ALL)

Mohd. Tahir v. State of U. P.

2017-03-09

RAM SURAT RAM (MAURYA)

body2017
JUDGMENT Ram Surat Ram (Maurya),J. Heard counsel for the applicants and AGA for the State and perused the record. This application under Section 482 CrPC has been filed with the prayer to quash the order dated 5.12.2016,passed by Additional Chief Judicial Magistrate, 1st, Bijnor in Complaint Case No. 2962/1997 (Kamal Kumar vs. Mohd. Tahir), issuing N.B.W. against the applicant. It is submitted by counsel for the applicants that the complaint has been lodged on false grounds while the applicants have not committed any offence. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. The counsel for the applicants pointed out certain documents and statements in support of his contention. AGA has opposed the prayer. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 prayer made in the application is refused. However, it is observed that in case the applicants surrender before the court below within 30 days from today and apply for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the applicants. It is made clear that no further time shall be allowed to the applicants to surrender before the Court below. With the aforesaid observations, the application stands disposed of.