Court No. - 80
Case :- APPLICATION U/S 482 No. - 13874 of 2021 Applicant :- Ashwani Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Verma 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 applicant with the prayer to quash the charge sheet dated 27.4.2020 and cognizaznce order dated 8.4.2021 as well as the entire criminal proceedings of summoning order dated 16.4.2019 as well as further proceedings of Case Crime No. 18 of 2020 (State Vs. Jugnu and others), under Sections 147, 323, 504, 506, 427, 308 IPC, P.S. Ssaidpur, District- Ghazipur, pending in the court of Judicial Magistrate, Sadar, Ghazipur.
Learned counsel for the applicants has submitted that earlier first information report was lodged under Sections 147, 354-ka, 323, 504, 506, 427 IPC. On the basis of said FIR, the police investigated the matter and submitted charge sheet under Sections 147, 323, 504, 506, 427, 308 IPC. Learned counsel for the applicants has next submitted that during the course of investigation, the applicants have already been granted bail under Sections 147, 354-ka, 323, 504, 506, 427 IPC.
Learned counsel for the applicants has next submitted that applicants are ready to surrender before the court and seek bail under Section 308 IPC.
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 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 charge sheet as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below within 15 days and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 15 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 12.8.2021 KU