HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 30118 of 2019 Applicant :- [ENTITY] And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- G.A. Hon'ble [ENTITY],J.
Heard Sri [ENTITY], learned counsel for the applicants, Sri [ENTITY], learned AGA- I, for the State.
This application has been filed under [SECTION] [ACT] with prayer seeking stay/quashing of entire proceedings of [CASE NUMBER] ([PRECEDENT], including the cognizance order/summoning order dated 20.2.2019 passed by the CJM, Mirzapur as well as the Charge-Sheet No. 240 of 2018 dated 24.8.2018 arising out of [CASE NUMBER], under [SECTION], [SECTION] [ACT] and 4/21 of [ACT] of [ACT], at Police Station- Madihan, District- Mirzapur, pending before the court of CJM, Mirzapur.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.
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 at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under [SECTION] [ACT]. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of [PRECEDENT], [PRECEDENT], [PRECEDENT] and lastly [PRECEDENT]
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of [PRECEDENT], as well as judgement passed by Hon'ble Apex Court in the case of [PRECEDENT]. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the above directions, present application is disposed of.
Order Date :- 5.8.2019/ssm