Raju Singh vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard learned counsel the applicant and learned A.G.A.

The present 482 Cr.P.C. petition has been filed for quashing the proceedings of case No. 19648 of 2008, under Sections 420, 467, 468, 471 IPC, pending before the Chief Judicial Magistrate, Ghaziabad, and also for quashing of the charge sheet filed in the aforesaid case as well as for quashing of the summoning order dated 26.9.2011 whereby non-bailable warrant has been issud agiansts the applicant.

Learned counsel for the applicant contends that the allegation against the applicant is that he had filed forged mark sheet of the High School for recruitment of the Police Department.

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 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 it to be seen.

The prayer for quashing the non bailable warrant order is hereby refused. However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then his prayer for bail be considered in view of the settled law laid by the Seven Judges'' decision of this Court in the case of Amrawati and another Vs. State of Uttar Pradesh reported in 2004 (57) ALR 290 as well as judgement passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh 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 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 of.