Rajesh Dayal Khare, J.@mdashHeard learned Counsel for the applicant and learned A.G.A.
2. The present 482 Cr.P.C. petition has been filed for quashing the charge sheet No. 120 of 2010, dated 08.06.2010, arising out of Case Crime No. 35 of 2010, u/s 3/7 Essential Commodities Act, Police Station Tirwa, District Kannauj, pendingt before learned Additional Chief Judicial Magistrate, District Kannauj.
3. 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.
4. 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
5. The prayer for quashing the charge sheet is refused.
6. 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 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 (SC) Lal Kamlendra Pratap Singh v. State of U.P. For a period of 30 days from today 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.
7. With the aforesaid directions, this application is finally disposed off.
