Allahabad High Court
Yogesh Kumar vs State Of U.P. And Another on 22 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- APPLICATION U/S 482 No. - 42166 of 2019 Applicant :- Yogesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Case No. 656 of 2019 (State Vs. Shekhar and others) under section 3/7 of Essential Commodities Act, P.S. Hasayan district Hathras arising out of Case Crime No. 0047 of 2018 pending before the learned Additional Chief Judicial Magistrate, Hathras.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
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 disclosed against the applicant. The disputed defence can be decided by the trial court on the basis of evidence. There is no ground to quash the entire proceedings of Case No. 656 of 2019 (State Vs. Shekhar and others) under section 3/7 of Essential Commodities Act, P.S. Hasayan district Hathras arising out of Case Crime No. 0047 of 2018 pending before the learned Additional Chief Judicial Magistrate, Hathras.
In view of the above, the prayer sought by the applicant is hereby refused.
However, it is provided that if the applicant appears and surrenders before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law.
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 direction, the instant application is finally disposed of.
Order Date :- 22.11.2019 N.A.