Court No. - 55
Case :- APPLICATION U/S 482 No. - 45263 of 2018
Applicant :- Chandan And 9 Others
Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the proceeding of Case No.98 of 2017, (Omveer Sihgh Chahar Vs. Chandan Singh and others), under Sections- 147, 148, 323,/149, 324/149, 452, 435/149, 427, 504, 506 IPC & 3(1) X SC/ST Act, Police Station- Kagaraul, District- Agra, pending in the court of Additional Session Judge/Special Judge (S.C./S.T. Act), Agra.
Learned counsel for the applicants submitted that one FIR has been lodged by the opposite party no.2 on 18.2.2016 against the applicants, which was registered as Case Crime No.19 of 2016, under Section 147, 148, 149, 307, 452, 336, 427, 323, 504 506 & 3(1) (X) SC ST Act, in which ultimately final report has been submitted on 14.7.2016. He further submitted that opposite party no.2 has filed protest petition, in which summoning order dated 7.8.2018 has been issued without considering the facts. He further submitted that injury report is frivolous, when the Police Authorities called for verification, opposite party no.2 has not turned up.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
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 applicants at this stage. 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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 21.12.2018 Junaid