Application under Section 482 Cr.P.C. for quashing criminal proceedings was refused as disputed issues of fact preclude interim relief. Applicants granted 45 days to surrender, apply for bail, and avoid coercive action.
Applicants granted 45 days to surrender and apply for bail without coercive action; prayer for quashing refused.
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Court No. - 17
Case :- APPLICATION U/S 482 No. - 14745 of 2005
Applicant :- Lekhraj And Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- K.K. Dwivedi,R.P. Dwivedi Counsel for Opposite Party :- Govt. Advocate,M.L. Jain
Hon'ble Suresh Kumar Gupta,J.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings in misc. case no.312 of 2004 (Jai Prakash vs. Dharamveer), u/s 323, 325, 504, 506 IPC, police station Kagarol, district Agra, pending in the court of VIII-Additional Chief Judicial Magistrate, Agra.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
Sri M.L. Jain, learned counsel for the opposite party no.2 is present.
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 relate 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. 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. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the entire proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the law propounded by Hon'ble Apex Court . For a period of 45 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.3.2019 m.a.
1 issue framed by the court
Whether the proceedings under Section 323, 325, 504, and 506 IPC can be quashed at this stage.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶8
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶8
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶8
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶8
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
1 provisions across 1 enactments
Lekhraj And Others
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
