Court No. - 2
Case :- APPLICATION U/S 482 No. - 22489 of 2019 Applicant :- Asif And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Uppadhaya,Mata Achal Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.A. Mishra, learned counsel for the applicants, Sri Vimal Kumar Pandey, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire criminal proceedings including the summoning order dated 31.10.2017 passed by Additional Sessions Judge, Court NO. 08, Aligarh in case no. 214 of 2017 (State vs. Asif) arising out of case crime no. 0431 of 2016 under sections 354, 452, 506 IPC and 7/8 POSCO Act, Police Station Quarsi, District Aligarh and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by the learned counsel for the applicant that earlier an FIR was lodged by the wife of applicant no. 2 Smt. Zaibun Begum against the husband of opposite party no. 2, Zulfiqar alias Zuhar in which final report was submitted and thereafter a protest petition was filed. In order to create pressure that he should not press the protest petition, the present false case has been filed against the accused applicants by the opposite party no. 2 Learned A.G.A. has vehemently opposed the prayer for quashing the criminal proceedings.
It is apparent that the earlier case was filed in the year 2013, counter-blast of which is alleged to have been resorted to by filing the present FIR in the year 2016 which appears to be far-fetched. In the present case, further allegations made against the accused applicants are that the daughter of the informant was tried to be molested after entering into her house. Police has submitted charge-sheet after investigation. There is no reason that at this stage the evidence gathered by the police should be disbelieved.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R.
P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With aforesaid direction, this application is finally disposed of.
Order Date :- 10.6.2019 AU