SAHWAN Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned A.G.A.. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1826 of 2011 arising out of case crime no. 208 of 2011, State Vs. Saddam and others, under Sections 308, 323, 504 IPC, Police Station -Sarai Mamrej, District -Allahabad as well as charge sheet dated 10.11.2011.

(2.) THE contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.

(3.) THE prayer for quashing the proceedings of the aforementioned case and the charge -sheet is refused. However, it is directed that if the applicant appears and surrenders before the court below within 45 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 judgment passed by Hon'ble Apex Court reported in : 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till the applicant surrenders and applies for bail whichever is earlier, 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 him. With the aforesaid directions, this application is finally disposed of.