Court No. - 71
Case :- APPLICATION U/S 482 No. - 36153 of 2019 Applicant :- Akash Pal Opposite Party :- State Of Up And Anr Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge Sheet No. 1078 of 2018 dated 9.12.2018 as well as entire criminal proceedings of S.S.T. No. 20 of 2019 (State Vs. Akash) arising out of Case Crime No. 1128 of 2018, under Sections 325, 504, 336 IPC and 3(1) (Da), 3(1) (Dha) of SC/ST Act, P.S. Kotwali Lalitpur, District- Lalitpur, pending in the court of Addl. Sessions Judge/Special Judge, SC/ST Act, Lalitpur.
As per the allegations made in the first information report and in the statement of victim under Section 161 Cr.P.C., it is alleged that on 5.9.2018 at 2 p.m. the applicant assaulted the victim's son Ankush aged about 5 years, due to which he suffered a fracture injury in his hand and has been advised operation by the doctor. The allegation of abusing the victim with the name of her caste with an intention to humiliate and intimidate her is also alleged.
Learned counsel for the applicant 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 applicant 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 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 applicant 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 charge sheet as well as entire proceedings is therefore refused.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 27.9.2019 KU