Allahabad High Court
Kamta Prasad Singh@ K.P. Singh And 3 ... vs State Of U.P. And Another on 24 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- APPLICATION U/S 482 No. - 11222 of 2020 Applicant :- Kamta Prasad Singh@ K.P. Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings of Criminal Case No.1828 of 2018 arising out of Crime No.336 of 2018 under Sections 323, 325, 504, 506, 308 IPC, Police Station Ghatampur, District Kanpur Nagar pending in the Court of Additional Chief Judicial Magistrate, Kanpur Dehat. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 prayer made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 90 days from today, the same shall be considered and decided in view of the settled law. For a period of 90 days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.6.2020 / ss