Om Prakash Kashyap and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 19381 of 2019 Applicant :- Om Prakash Kashyap And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Ashok Kumar, learned counsel for the opposite party no. 2.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 4.12.2018 as well as entire proceedings of Case No. 763 of 2019 arising out of Case Crime No. 0633 of 2018, under section 504 IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station Bilsi, District Badaun.

¶3Earlier this Court vide order dated 20.5.2019 referred the matter to Mediation Centre, but the same could not be succeeded.

¶4The 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 causing harassment. He pointed out certain documents and statements in support of his contention.

¶5From 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 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.)

¶283The disputed defence of the accused cannot be considered at this stage.

¶6At this stage, learned counsel for the applicant submitted that applicants are ready to surrender before the trial Court for obtaining bail and for that some protection may be granted to them.

¶7However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

¶8For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

¶9With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 9.11.2023 Junaid High Court of Judicature at Allahabad