Brahamadev Singh vs State Of U.P. And Another


Court No. – 47
Case :- APPLICATION U/S 482 No. – 9279 of 2015
Applicant :- Brahamadev Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ganesh Shankar Srivastava,Anil Singh
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been
filed for quashing the entire proceeding of case no. 2846 of
2014 ( Babu Lal Vs. Brahmdev ) under Section 18 (1),
Section 3(1), Section 3(2), Section 3-B and Rules-3 A (1) of
the Pre-Conception & Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994 read with the Rules,
Police Station Mehnagar, District Azamgarh and NBW order
dated 2.3.2015 passed by C.J.M. Azamgarh.
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
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.
The prayer for quashing the entire proceeding and NBW of
the aforementioned case is refused.
However, it is directed 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 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 or till the applicant
surrenders and applies for bail whichever is earlier, no
coercive action shall be taken against the applicant.
However, in case, the applicants does not appear before
the Court below within the aforesaid period, coercive action
shall be taken against him.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 15.4.2015

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