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Vikas Srivastava vs State Of U.P. And Another on 24 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 36791 of 2019

Applicant :- Vikas Srivastava

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

Counsel for Applicant :- Vinay Kumar,Sanjeev Kumar Sharma

Counsel for Opposite Party :- G.A.,Sanjay Pratap Singh

Hon’ble Rajiv Joshi,J.

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

2. The present 482 SectionCr.P.C. application has been filed to quash the order dated 13.9.2019 passed by Sessions Judge, Kanpur Nagar in Criminal Revision No. 123 of 2019 as well as the order dated 4.5.2019 passed by Metropolitan Magistrate Xth, Kanpur Nagar in Complaint Case No. 5042 of 2011 (Suruchi Srivastava Vs. Vikas Srivastava), under Section 498A IPC and 3/4 of D.P. Act, P.S. Kalyanpur, District Kanpur Nagar.

3. 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.

4. 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 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.

5. The prayer for quashing the entire proceeding of the aforesaid case is refused.

6. 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 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.

7. For a period of 30 days, no coercive measure shall be taken against the applicant in the aforesaid case.

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

Order Date :- 24.10.2019

Noman

 

 

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