Single judge quashed unsuccessful Section 482 application seeking quashing of lower court orders; fixed 30-day period for surrender and bail consideration without coercive action.
Prayer for quashing refused; applicant granted 30 days to surrender and apply for bail without coercive action.
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Court No. - 21
Case :- APPLICATION U/S 482 No. - 34773 of 2018
Applicant :- Sharad Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shrawan Kumar Mishra,Anand Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 11.09.2018 passed by Additional Session Judge, Court No. 13, Kanpur Nagar in Criminal Revision No. 93 of 2018 (Sharad Pandey Vs. Rewant Mishra), order dated 29.08.2017 passed in Complaint Case No. 17592 if 2017, under sections 420, 406 IPC, P.S. Kidwai Nagar, District Kanpur Nagar, pending in the court of Addl. Chief Metropolitan Magistrate, Court No.7, Kanpur Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant 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. At last he submitted that the applicant is ready to appear before the court and to face the trial. He sought some time to surrender before the court below.
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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.
Considering the facts and circumstances of the case, I do not find any ground to set aside orders dated 11.9.2018 and 29.08.2017 passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
At last the learned counsel appearing on behalf of the applicant submitted that the applicant undertakes to appear before the court below.
However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant 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 judgment 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 disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 8.10.2018 Prajapati
[Chandra Dhari Singh, J]
1 issue framed by the court
Whether the offence disclosed against the applicant warrants quashing of the impugned orders under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Followed¶12
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Followed¶12
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Sharad Pandey
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
