Chala and Others vs State of U.P. and Another

Virendra Vikram Singh, J.—Heard learned counsel for the applicants and learned AGA. The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of case No. 7364 of 2013 arising out of case crime No. 1723 of 2012, under Sections 147, 323, 324, 427, 504, IPC, P.S. Banna Devi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

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 submissions 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 and others Vs. Ch. Bhajan Lal and others, , 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 before the trial Court through a proper application for the said purpose and they are free to take all the submission in the said discharge application before the Trial Court.

The prayer for quashing the proceedings of the aforesaid case is, hereby, refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today along with the certified copy of this order and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid down by the Seven Judges'' decision of this Court in the case of Amarawati and Another (Smt.) Vs. State of U.P., and the decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, , after hearing the public prosecutor.

For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive process 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 and no protection of this order shall be available to them.

It is being made clear that the Court has not expressed any opinion on the merits of the case and the subordinate court shall exercise its independent discretion in deciding the application for bail. With the aforesaid directions, this application is finally disposed of.