Hon'ble Bala Krishna Narayana, J. - (1.) HEARD Learned Counsel for the applicant and learned A.G.A. The present application under 482 Cr.P.C. has been filed for quashing the chargesheet No. 1205 dated 24.5.2005 submitted in Case No. 40818 of 2008 (earlier Case No. 595 of 2005)under s -363, 366 and 368 IPC and quashing the summoning order dated 31.5.2011. 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.
(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 applicant. All the submissions made at the bar relate 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 applicant has got a right of discharge under Section 239 or 227/228, Cr.P.C. as the case may be through a proper application for the said purpose and she is free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the chargesheet and summoning order is refused.
(3.) HOWEVER , it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another v. State of U.P. reported in, 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported of Lal Kamlendra Pratap Singh v. State of U.P. in, 2009 (3) ADJ 322 (SC) For a period of 30 days from today no coercive action shall be taken against the applicant. It is being made clear that in case the applicant fails to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to this Court. Subject to the aforesaid directions, this application is finally disposed of.;