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Braj Mohan Sharma vs State Of U.P. And Anr on 31 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- APPLICATION U/S 482 No. – 38829 of 2019

Applicant :- Braj Mohan Sharma

Opposite Party :- State Of U.P. And Anr

Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 SectionCr.P.C. application has been filed to quash the charge sheet dated 06.01.2016 in Criminal Case No. 2582 of 2016 (State Vs. Braj Mohan Sharma), arising out of Case Crime No. 741/2015, under Sections – 406 SectionI.P.C., Police Station- Kotwali, District- Etah, pending in the court of learned Chief Judicial Magistrate, Etah.

The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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 at this stage. 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 prima facie case is to be seen in the light of the law laid down by Supreme Court in cases ofR.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 for quashing the charge sheet of the aforesaid case is refused.

However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 60 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 ofAmrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

With the aforesaid directions, this application is finally disposed of.

Till then 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 them.

It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

Order Date :- 31.10.2019

LBY

 

 

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