Court No. - 49
Case :- APPLICATION U/S 482 No. - 42673 of 2018
Applicant :- Arvind Kumar Yadav @ Bindu And Another
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar,Alok Misra Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Present Shri Manoj Kumar, learned counsel for the applicants and Shri D.K. Srivastava, learned AGA for the State.
This application under section 482 Cr.P.C. has been filed seeking quashing the criminal proceedings in SST No. 44 of 2017, Case Crime No. 362 of 2014 (State Vs. Arvind Kumar) under sections 323, 504, 506 IPC and section 3(1) X of SC/ST Act, Police Station - Jalalpur, District Jaunpur as well as the summoning order dated 07.02.2017 passed in pursuance of the charge sheet dated 04.08.2014.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. No offence is made out against the applicants. Learned counsel for the applicants also submits that a counter-blast to the first information report has been lodged by ten applicants on 27.11.2013.
Prayer for quashing the charge sheet has opposed by the learned AGA for the State by submitting that there are specific allegations against the applicants and there is no ground for quashing the charge sheet.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicants. In my view, the submissions made by learned counsel for applicants relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submissions made by learned counsel for the applicants are matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash the charge sheet and summoning order, and the same is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate applications for discharge. The learned trial court will consider the said applications in accordance with law as expeditiously as possible. After obtaining bail by the applicants, the applicants may move an application for exemption and the trial court will consider the same.
No coercive steps shall be taken against the applicants in the aforesaid case for a period of 30 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 30.11.2018 Amit Mishra