Ajit Prasad and Others vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—List revised. None appears for the applicants. Sri C.S. Sinha, learned counsel for the opposite party no. 2 is present. Heard learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 07.09.2001 arising out of Case Crime No. 121 of 2001 under Sections 406, 420 I.P.C., Police Station Alambagh, District Lucknow as well as for quashing the summoning order dated 26.03.2002 passed by learned IIIrd Additional Chief Judicial Magistrate, Lucknow.

It has been averred in the present application u/s 482 Cr.P.C., on behalf of the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

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 u/s 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. The State of Punjab, , State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar and Another Vs. P.P. Sharma, IAS and Another, and lastly Zandu Pharmaceutical Works Ltd. and Others Vs. Md. Sharaful Haque and Others, The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge u/s 239 or 227 /228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the charge sheet as well as summoning order is refused.

Interim order, if any, stands vacated.

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail 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. 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 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 off.

Sri C.S. Sinha, learned counsel for the opposite party no. 2 undertakes to inform learned counsel for the applicants about the order passed today in writing within 48 hours. The registry of this Court is directed to communicate the order passed by this Court today to the concerned Court below.