Court No. - 43
Case :- APPLICATION U/S 482 No. - 31035 of 2018 Applicant :- Abhishek Sonkar @ Raja Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,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 proceedings of Criminal Case No.518 of 2018 (State vs. Abhishek Sonkar and others) as well as cognizance order dated 23.6.2018 arising out of charge sheet datd 12.4.2018 (case crime no.93/2018) under sections 323,336 and 308 I.P.C P.S Maduwadeeh District Varanasi.
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.
Learned A.G.A, has opposed the submission on the ground that in view of the allegations made in the F.I.R, and the documents collected during investigation culminating in the filing of a charge sheet, prima facie case of commission of above offences is made out. He thus submits that the application under Section 482 CrPC is liable to be dismissed.
The law is well settled that at the stage of quashing of the summoning order, the Court has to only examine as to whether on the basis of the materials available in the summoning order, a prima facie case is made out against the applicant or not.
The Court has perused the complaint, the statement and the summoning order and is of the view that at this stage it cannot be said that no offence is made out against the applicant. 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 application is dismissed.
The court below, while considering the bail applications of applicant shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) A.D.J 151.
For a period of six weeks 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, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 6.9.2018 RS