Heard learned counsel for the applicants, learned AGA for the State, Shri Ghanshyam Das Mishra, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 CrPC has been filed with a prayer to quash the entire proceedings of Criminal Case No.1460 of 2019 (State Vs. Khellan and others), arising out of Case Crime No. 780 of 2018, under Sections 147, 148, 436, 307, 427, 323, 506, 120-B, 452 IPC, Police Station Naujheel, District Mathura, pending in the court of A.C.J.M./ Additional Civil Judge (Sr. Div.), Mathura.
As per the allegations made in the FIR, it is alleged that on 15.09.2018 at about 11:00-12:00 PM, the applicants forcibly entered in the house of the victim and assaulted the inmates and also set his chappar on fire. The allegation of opening fire upon the victims has also been made against the applicants.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA as well as learned counsel for the opposite party no.2 has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the entire proceedings is therefore refused.
However, it is directed that if the applicants appears before the court below and apply for bail within one month from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicants appear and apply for bail, whichever is earlier, no coercive action shall be taken against them. However in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 16.8.2021 Nadim