Allahabad High Court
Mohd. Jishan vs State Of U.P. & Another on 27 April, 2021
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 31 Case :- U/S 482/378/407 No. - 1918 of 2021 Applicant :- Mohd. Jishan Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Desh Deepak Verma Counsel for Opposite Party :- G.A. Hon'ble Narendra Kumar Johari,J.
This case has been taken up through video conferencing.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Session Case No. 183 of 2021 (State Vs. Jishan), arising out of Crime No. 0079/2020, under Sections 354(ka), 323, 504, 506, IPC, 3(1)(Da), 3(1)(Dha), 3(2)(va) SC/ST Act and 7/8 POCSO Act, P.S. Safdarganj, District Barabanki and as well as charge sheet and order dated 4.2.2021 passed by Additional Sessions Judge/Special Judge, Court No. 44, Barabanki.
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 submissions made 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 the Hon'ble Supreme Court in 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.
No case for quashing of the entire criminal proceedings is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicant has submitted that the applicant is going to appear before the court concerned and move his bail application, therefore, a direction be issued to the court concerned for expeditiously disposal of the bail application.
In view of the aforesaid, it is directed that if applicant moves surrender application before court concerned within ten days from today, their bail applications shall be decided expeditiously, preferably within a period of four weeks in accordance with law in view of law laid down by the Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P [2009 (3) ADJ 322 (SC).
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.4.2021 AKK