Court No. - 71
Case :- APPLICATION U/S 482 No. - 32130 of 2019 Applicant :- Brijesh Sonker And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Chandel 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 Cr.P.C. has been filed by the applicants with the prayer to quash the Charge Sheet No. 01 of 2018 as well as entire criminal proceedings of Case No. 15 of 2019 (State Vs. Brijesh Sonker and others) arising out of Case Crime No. 441 of 2018, under Sections 147, 148, 149, 323, 504, 506, 452 IPC and Section 3(1)(D) of SC/ST Act, P.S. Muhammadabad Gohna, District- Mau, pending in the court of Special Judge, SC/ST Act, Mau.
As per the allegations made in the first information report, it is alleged that on 9.11.2018 at about 9 p.m., the applicants abused the victims with the name of their caste with an intention to humiliate and intimidate them in public view and also assaulted the victims, due to which as many as three persons have suffered injuries.
Learned counsel for the applicant has submitted that the cross version has also been got reported by the applicants. 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, 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 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 :- 22.8.2019 KU