- (1.) Heard learned counsel for the applicant and learned A.G.A. The present application has been filed for quashing the summoning order dated 26.7.2010 as well as the proceedings of Criminal Case No.4 of 2011 (Abdul Salam Vs. Shailendra Pal @ Pintu) under Sections 419,420,467,468,471 IPC, P.S. Kotwali, District Ghazipur pending in the court of Additional Civil Judge (Junior Division)-10/Judicial Magistrate-10, Ghazipur.
(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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. 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 submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283.
(3.) The prayer for quashing the summoning order as well as the proceedings is refused. However, it is provided that if the applicant appears and surrenders before the court below within a period of three weeks from today and apply for bail, then his prayer for bail shall be considered in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P., 2004 57 AllLR 290 (affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P.), after hearing the Public Prosecutor. 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 applicant. However, in case the applicant does not appear before the court below within the aforesaid period, it will be open to the court concerned to proceed against the applicant for procuring and ensuring his presence in accordance with law.With the aforesaid directions, this application is disposed off.;