Court No. - 38
Case :- APPLICATION U/S 482 No. - 16466 of 2019 Applicant :- Anekpal And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 with a prayer to set aside the entire proceeding of Cri. Case no. 6733 of 2018 pending before the Civil Judge (J.D.)/Judicial Magistrate, Budaun arising out of Case Crime no. 200 of 2018 and cognizance order dated 5.10.2018 u/s 147, 149, 323, 352, 504, 506 IPC, P.S. Kadar Chowk, District Budaun.
Heard Sri Sanjive Kumar Singh, learned counsel for the applicants and the learned A.G.A. for the State.
It is submitted by the learned counsel that the applicants are innocent and have been falsely implicated in the present case. No such occurrence was happened. The instant case is counter blast of the case lodged by the applicant no. 1. The entire proceeding as well as the cognizance order deserve to be quashed.
Learned A.G.A. has vehemently opposed the prayer and submitted that in this case the accused applicants after beating the informant cut his hair and put a garland of shoes on his neck and made a video. They had also hurled abuses and threatened him for life. Offence is very grievous.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage that no offence is made out against the applicant. All the submissions made by the learned counsel for the applicant relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the entire proceedings as well as cognizance order dated 5.10.2018 is refused.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 30.4.2019 Vandana