- (1.) Heard Sri Tripurari Pal, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned Brief-Holder for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 2.1.2015 as well as entire criminal proceedings of criminal case no.452 of 2015, State Vs. Nagendra and others, arising out of case crime no.457 of 2014, under Sections 323, 452, 504, 506 I.P.C., police station-Gabhana, District Aligarh, pending in the court of A.C.J.M., Court no.5, Aligarh. The 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 purposes of harassment. He pointed out certain documents and statements in support of his contention. 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 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, 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 charge sheet as well as entire proceedings of the aforesaid case is refused. However, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 57 AllLR 290 as well as judgement passed by Hon'ble Apex Court Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 3 ADJ 322 ;