Lahureeram vs State of U.P. and Another

Surendra Singh, J.—Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record. The present application has been filed u/s 482 Cr.P.C. for quashing the charge sheet no. 201 of 2008 dated 29.12.2008 in Case Crime No. 123 of 2008 under Sections 406/ 409 I.P.C., Police Station Siddharth Nagar, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar.

The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.

From the perusal of 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 submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court u/s 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the 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 defense of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge at appropriate stage.

The prayer for quashing the proceeding is refused.

However, it is provided that if the applicant appears or surrenders before the courts below within a period of 2 weeks from today and applies for bail, then his prayer for bail be decided in accordance with law laid down by this Court as well as by Hon''ble Apex Court. With the aforesaid observation, the application is disposed of finally.