Heard learned counsel for the applicant/petitioner, learned A.G.A. for the State and perused the record.
In the instant application under Section 482 Cr.P.C., the prayer for setting aside/quashing of the summoning order dated 23.07.2019 and impugned charge sheet no.15 of 2019 dated 25.02.2020, submitted in Case Crime No.58 of 2019, under Sections 323, 504, 506 Indian Penal Code and 3 (1) (Da) and (Dha) of S.C./S.T. Act, P.S.- Kheri, District-Kheri, pending in the Court of Additional Sessions Judge, Kheri in the case of State Vs. Atul Verma alias Rinku Verma and another, has been made.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. All the submissions made relate to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
No case for quashing of the charge sheet is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicant has submitted that applicant/petitioner wants to surrender before the court below, therefore, a direction to subordinate court be given for expeditious disposal of bail application of the applicant.
In view of the aforesaid, it is directed that if applicant moves surrender/bail application within three weeks from today before the Court concerned, the bail application shall be decided expeditiously, in accordance with law.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 11.2.2021 SK Goswami