Court No. - 71
Case :- APPLICATION U/S 482 No. - 28665 of 2019 Applicant :- Anil Kumar Yadav And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Deepak Singh,Rahul Kumar Singh,Sri R.C. Singh (Sr. Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No.27 of 2018 (Subhash Chandra Vs. Jawahar and others), under Sections 323, 504, 506 IPC and Section 3(1)Da, Dha of SC/ST Act, Police Station Nagsar Halt, District Ghaziabad and summoning order issued against the applicant nos.2 and 3 dated 23.04.2019 and NBW dated 21.06.2019 against the applicant no.1.
As per the allegations made in the complaint, it is alleged that on 12.01.2018 at about 8:00 AM, the applicants threatened to take forcible possession of the plot belonging to the victim and also abused him with the name of his caste with an intention to humiliate and intimidate him in public view.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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 has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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 appear and surrender before the court below and apply for bail, their 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 :- 25.7.2019 Nadim