Matloob vs State of U.P.

Bharat Bhushan, J.—Heard learned counsel for the applicant and learned A.G.A.

The present 482 Cr.P.C. application has been filed for quashing the proceedings of Case No. 1001 of 2012 (State Vs. Matloob) and Crime No. 187 of 2012 u/s 135/139 Electricity Act, P.S. Thana Bhawan, District Muzaffar Nagar as well as Charge-Sheet No. 169 of 2012 dated 26.6.2012.

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.

The prayer for quashing the proceedings of case as well as charge sheet is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 15 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amarawati and Another (Smt.) Vs. State of U.P., as well as judgment passed by Hon''ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, . For a period of 15 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 applicant does 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.