Court No. - 71
Case :- APPLICATION U/S 482 No. - 32575 of 2019 Applicant :- Chandra Pal And Anr Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Shiv Prasad 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 summoning order dated 15.05.2019 and bailable warrant dated 06.08.2019 as well as entire proceedings of Complaint Case No. 272 of 2018 (Ram Bhajan Vs. Chandra Pal and another), under Section 504 IPC and Section 3(2) of SC/ST Act, Police Station Karvi, District Chitrakoot.
As per the allegations made in the complaint, it is alleged that on 10.12.2018 at about 8:00 AM, the applicants, armed with lathi danda, tried to illegally dispossess the victims from the land in question and abused them with the name of their caste with an intention to humiliate and intimidate them and also uprooted the standing trees.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, 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 in support of his contention and has submitted that the victims have not suffered any injury on their persons.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, impugned summoning 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 summoning order and 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 :- 26.8.2019 Nadim