Suleman and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42896 of 2023 Applicant :- Suleman And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicants and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the summoning order dated 04.09.2023 as well as entire proceedings of Complaint Case No. 536 of 2023(41351 of 2023) (Shahjahan Siddiqui Vs. Prem Kumar and others), under sections 147, 149, 307, 336, 352, 120B I.P.C., Police Station-Massorie, District-Ghaziabad, pending in the court of learned Chief Judicial Magistrate, Ghaziabad.

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

¶6At this stage, learned counsel for the applicants 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 30 days from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the court 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 30 days from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, applicants 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 :- 1.12.2023 ADY High Court of Judicature at Allahabad