Allahabad High Court
Vijay Kumar Gupta vs State Of U.P. And Anr on 17 October, 2019
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 37404 of 2019 Applicant :- Vijay Kumar Gupta Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Murari Lal Jain Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard Sri Murari Lal Jain, learned counsel for the applicant and learned AGA for the State and also perused the record.
This application has been filed under section 482 Cr.PC with a prayer to quash the summoning order dated 16.6.2015 as well as entire proceeding of Special S. T. No. 11 of 2015 arising out of Case Crime No. 12 of 2014, under section 18/27 of Drug and Cosmetic Act pending in the court of Addl. Sessions Judge (Drug and Cosmetic Act) Agra, between (State v. Vijay Kumar Gupta), pending in the court of Addl. Sessions Judge (Drug and Cosmetic Act) Agra.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose 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 that no offence is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings, therefore, the prayer for quashing the same is hereby refused.
Moreover, the applicant has got a right of discharge under section 239 or 227/228 Cr.PC. as the case may be through proper application and they are free to take all the submissions in the said discharge application before the trial court.
Learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and move an appropriate application for discharge before the court below within two weeks from today the same shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
With the above observations/directions, present application is finally disposed off.
Order Date :- 17.10.2019 ssm