Hari Singh vs State of U.P. and Another

Bala Krishna Narayana, J.—Heard learned Counsel for the applicant and learned A.G.A.

The present 482 Cr.P.C. Petition has been filed for quashing the charge sheet No. 27 of 2005 dated 9.4.2005 in Case Crime No. 30 of 2005 under Sections 279, 304A, IPC P.S. Dholna, District Kashi Ram Nagar, whereby the learned Magistrate has summoned the applicant to face trial for the offence under the aforesaid Section.

The contention of the 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.

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. The submissions made at the Bar relates to the disputed questions 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 v. Bhajan Lal 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got right of discharge u/s 239 or 227/228, 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 at the appropriate stage before the Trial Court.

The prayer for quashing the charge sheet is refused.

However, it is directed that the applicant shall appear and surrender before the court below within 30 days from today, and apply for bail, his prayer for bail shall be considered and decided expeditiously, if possible, on same day, in view of the settled law laid by this Court in the case of Amrawati and Anr. v. 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 v. 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 applicants do 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 off.