HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 14
Case :- U/S 482/378/407 No. – 189 of 2020
Applicant :- Yashendra Singh Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Anr.
Counsel for Applicant :- Mahmood Alam,Atul Kr. Shukla,Gayasuddeen
Counsel for Opposite Party :- G.A.
Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
The instant petition under Section 482 CrPC has been filed for quashing the order dated 25.10.2019, passed by the learned Judicial Magistrate, Court No.37, Lucknow in case no.2289 of 2015, under Section 406 IPC, relating to police station Gudamba, District Lucknow.
The contention of the learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. At last he submitted that the petitioner is ready to appear before the court and to face the trial. They sought some time to surrender before the court below.
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 petitioner. All the submissions made at the bar relates to the disputed questions of fact which cannot be adjudicated upon by this Court in exercise of power conferred 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. 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 order dated 25.10.2019 passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the petitioner Yashendra Singh Yadav appears and surrenders before the court below within four weeks from today and apply for bail then the bail application of the petitioner 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. 2004 (57) ALR 290 as well as judgment rendered by Hon?ble Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P.; 2009 (3) ADJ 322 (SC).
For a period of four weeks from today or till the disposal of the application for grant of bail whichever is earlier no coercive action shall be taken against the petitioner. However, in case, the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.1.2020
mks
