Rajpal and ors. Vs. State of U.P. and ors.

[mr. justice huluvadi.g.ramesh,j.] these writ petitions are filed under articles 226 and 227 of the constitution of india praying to quash the revisional order passed by commissioner of commercial taxes under section 8-d of ket act, 1958 dated 5.8.2010 vide annexure-d, amd the order of even number dated 22.9.2010 passed under section 6-c of the said act in the rectification application filed by the petitioner vide annexure-e as the orders passed without jurisdiction under section 8-d of ket act, 1958 ultra vires definition of admission' in section 2(a) of ket act, 1958 and as opposed to principles of harmonious construction......khair, district aligarh, pending before learned additional chief judicial magistrate, court no.1, district aligarh as well as for quashing of summoning order dated 31.05.2010. 2. 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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this court under section 482 cr.p.c. 3. 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 v. state of punjab, a.i.r. 1960 s.c. 866, state of haryana v. bhajan lal, 1992 scc (cr.) 426, state of bihar v. p.p.sharma, 1992 scc (cr.) 192 and lastly zandu pharmaceutical works ltd. v. mohd. saraful haq and another (para-10) 2005 scc (cr.) 283. 4. the disputed defence of the accused cannot be considered at this stage. moreover, the applicants have got right of discharge under section 239 or 227/228 or 245 cr.p.c. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court. the prayer for quashing the proceedings as well as summoning order is refused. 5. however, it is directed that the applicants shall 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 v. 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 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 applicants. 6. however in case the applicants do not appear before the court below.....