Court No. - 71
Case :- APPLICATION U/S 482 No. - 36156 of 2019 Applicant :- Bhagwat Saini And Another Opposite Party :- State Of Up And Anr Counsel for Applicant :- Kuldeep Kumar 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 Charge-sheet No.259 of 2019 dated 03.06.2019, cognizance order dated 12.07.2019 as well as entire criminal proceedings of Special Sessions Trial No.296 of 2019 (State Vs. Bhagwat Saini and another) arising out of Case Crime No.91 of 2019, under Sections 323, 504, 406, 354 IPC and Section 3(2)5-A of SC/ST Act, Police Station Delhi Gate, District Aligarh.
As per the allegations made in the FIR, it is alleged that there was some money transaction between the applicants and the husband of the Opposite Party No.2. however, later the applicants turned dishonest and refused to return back the money to the victim and when the victim insisted for return of the said money, then a quarrel ensued between them and the applicants abused the victim with the name of her caste with an intention to humiliate and intimidate her and tried to disrobe her and also assaulted her.
Learned counsel for the applicants has submitted that the victim has not suffered any injury on her person. Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, impugned order 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 impugned orders as well as 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 :- 27.9.2019 Zafar