Sushrani & Ors. vs State Of U.P. & Another

Surendra Singh, J.—Heard learned counsel for the applicants as well as learned A.G.A. and perused the material placed on the record.

The present 482 Cr.P.C. petition has been filed for quashing the summoning order dated 23.10.2008 passed by the learned Judicial Magistrate, Unnao in complaint case no. 2134 of 2008 (Now 1278 of 2009) under Section 498A, 323, 504, 506, I.P.C. and 3/4 D.P. Act, P.S. Makhi, district Unnao, Smt. Maya Devi Vs. Arjun and others.

The contention of the counsel for the applicants is that no offence against the applicants 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 their 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 applicants. All the submissions made at the bar relate to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 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. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para10) 2005 SCC (Cr.) 283.

The prayer for quashing the summoning order is refused.

However, it is provided that if the applicants appear and surrender before the courts below within three weeks from today and apply for bail, then their prayer for bail shall be considered in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 (affirmed by Hon''ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P.), after hearing the public prosecutor. For a period of three weeks 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 applicants do not appear before the Court below within the aforesaid period, it is open to the court below to adopt proper recourse of law against them.

With the aforesaid observation, the application is finally disposed of.