CHALA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned AGA. The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of case No. 7364 of 2013 arising out of case crime No. 1723 of 2012, under Sections 147, 323, 324, 427, 504, IPC, P.S. Banna Devi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

(2.) 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 applicants. All the submissions made at the bar relates to the disputed question 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 v. State of Punjab, : A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, : 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, : 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para -10) : 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge before the trial Court through a proper application for the said purpose and they are free to take all the submission in the said discharge application before the Trial Court.

(3.) HOWEVER , it is directed that if the applicants appear and surrender before the court below within 30 days from today along with the certified copy of this order and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another v. State of U.P., : 2004 (57) ALR 290 and the decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh v. State of U.P., reported in : 2009(4) SCC 437, after hearing the public prosecutor.