Allahabad High Court
Puspendra Kumar Singh vs State Of U.P. & Another on 16 July, 2010
Court No. - 28 Case :- APPLICATION U/S 482 No. - 17762 of 2010 Petitioner :- Puspendra Kumar Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Jitendra Kumar Sharma Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 04.01.2007, registered as Case No. 29 of 2007 (State Vs. Kuwarpal and others), arising out of Case Crime No. 441 of 2006, under Sections 332, 353 I.P.C., Sadabad, District Hathras. 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.It is further contended that the applicant has been falsely implicated by the opposite party no.2 on account of the political rivalry and the applicant could not have gone to the place of occurence as his minor daughter expired two days before the date of alleged incident, therefore, it is contended that the criminal prosecution of the applicant is bad in law.
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 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 (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the charge sheet is 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, his prayer for bail shall be considered and decided 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 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 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 off. Order Date :- 16.7.2010 S.Ali