Court No. - 71
Case :- APPLICATION U/S 482 No. - 16778 of 2019
Applicant :- Bhanu Pratap Pal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.118/2018, dated 16.05.2018 as well as cognizance order dated 26.10.2018 passed by the learned Additional District Judge II/SC/ST Act, Jhansi as well as entire proceedings in S.S.T.No.894 of 2018, State Vs. Bhanu Pratap Pal and others, arising out of Case Crime No.98/2018, under Sections 323, 504 I.P.C. & 3(1)D, Dh SC/ST Act, P.S. Premnagar, District Jhansi, pending in the court of learned Special Judge SC/ST Act, Jhansi.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. He further submitted that the charge-sheet has been under the SC/ST Act and the applicants also belong to the same community. He further submitted that in this scenario the proceedings under the provisions of SC/ST Act can not be attributed.
Learned A.G.A. submitted that all the submissions made at the bar relate to the disputed questions 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 Supreme Court in cases of 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. Moreover, the applicants have got a right of discharge under Sections 227, 239 and 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court raising all the grounds/grievances which have been taken in this application or which might have been taken, the trial court shall decide the discharge application within six weeks from its filing by passing a speaking and detailed order in accordance with law.
Till the decision of the discharge application, no coercive measure shall be taken against the applicants.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.4.2019 R./