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2019 DIGILAW 2107 (ALL)

Mahaveer v. State of U. P.

2019-09-12

VIVEK KUMAR SINGH

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JUDGMENT : Vivek Kumar Singh, J. Heard Sri Shriman Narayan Tiwari, learned counsel for the applicants, Sri Abhinav Prasad, learned AGA for the State. 2. This application has been filed under section 482 Cr.PC with a prayer seeking stay/quashing of the charge sheet dated 4.11.2017 (State v. Mahaveer and others), in Case Crime No. 485 of 2017, under sections-147, 148, 149, 323, 504, 452, 324, 325, 506 IPC and 7 CLA Act, Police Station - Malpura, District - Agra as well as summoning order dated 28.2.2018 issued by A.C.J.M.- IInd, Agra pending in the court of A.C.J.M. Court No. 2, Agra. 3. The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purpose 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 applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, (1960) AIR SC 866, State of Haryana v. Bhajan Lal, (1992) SCC(Cri) 426, State of Bihar v. P.P. Sharma, (1992) SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another, (2005) SCC(Cri) 283 (Para-10). 5. The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused. 6. However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., (2004) 57 AllLR 290 , as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, (2009) 3 ADJ 322 (SC). For a period of 30 days from today or till the disposal of the application for grant of 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. 7. With the above directions, present application is disposed off.