Ashok Kumar vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—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 proceedings of Complaint Case No. 473 of 2011, under Sections-23, 25 and 59 of the Standards of Weight and Measures Act, 1976 pending in the Court of J. M., Mau.

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.

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 u/s 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. The State of Punjab, , 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. Moreover, the applicant has got a right of discharge under Section-245 Cr.P.C. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings of the aforementioned case is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 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.