Mohd. Aslam vs State of U.P. and Another

Pankaj Naqvi, 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 entire proceedings of Complaint Case No. 796 of 2011, (Smt. Maya Devi Vs. Mohd. Aslam and others) u/s 420, 506(2) of IPC, Police Station Fatehganj Pashchimi, District Bareilly pending in the Court of Judicial Magistrate Court No. 2 Bareilly as well as summoning order passed by the Judicial Magistrate in the aforesaid complaint case.

The contention of learned counsel for applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for 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. 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 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 applicant has 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 proceedings, charge sheet as well as cognizance taking order is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply 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 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 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.