Rajesh Dayal Khare,J.
1. List revised none appears to press this application on behalf of applicant.
2. This case is listed peremptorily today.
3. Heard learned A.G.A. for the State.
4. Vide order dated 16.11.1999 another Bench of this Court had granted time to the learned A.G.A. to file counter affidavit and in the meantime stayed the proceedings of Criminal Misc. Case No. 02 of 1999, pending before learned Special Judge (E.C.Act), District Moradabad for a period of three months. Counter affidavit on behalf of State has been filed after service upon the learned Counsel for the applicant on 09.12.199 but till date no rejoinder affidavit has been filed.
5. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Case No. 02 of 1999, (State v. Hanif), u/s 3/7 of Essential Commodities Act, pending before learned Special Judge (E.C. Act), District Moradabad.
6. It has been averred in the present application u/s 482 Cr.P.C., that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
7. 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 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
8. The prayer for quashing the proceedings is refused.
9. Interim order, dated 16.11.1999 is hereby vacated.
10. However, it is directed that the applicant shall appear and surrender before the court below within 30 days, from the date of communication of this order by the concerned Court below to the applicant 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 Anr. v. State of U.P. reported in 2004 (57) ALR 290 as well as Judgment passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 Lal Kamlendra Pratap Singh v. State of U.P. The concerned Magistrate is directed to send notice to the applicant immediately after receipt of communication from this Court. For a period of 45 days from the date of communication of this order 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, coercive action shall be taken against him.
11. With the aforesaid directions, this application is finally disposed off.
12. The registry of this Court is directed to communicate the order of this Court passed today to the concerned Court below forthwith.
