Court No. - 71
Case :- APPLICATION U/S 482 No. - 35877 of 2019 Applicant :- Constable Panav Kumar Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the entire proceedings of S.S.T No. 367 of 2018, case crime no. 360 of 2012, State Vs. Pranav Kumar Pandey, under section 504 I.P.C. and 3(1) (X) SC/ST Act P.S. Dharmsihwan District Sant Kabir Nagar, pending in the court of Special Judge, SC/ST Act, Sant Kabir Nagar.
As per the allegations made in the FIR, it is alleged that on 1.11.2012, the applicant who is constable abused the victim who is Station Officer, P.S. Dharmsihwan, District Sant Kabir Nagar with the name of his caste with an intention to humiliate and intimidate him in public view when he tried to enquire from them about the incident alleged to have taken place at the crossing of Dharmsihwan.
Learned counsel for the applicant has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant 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, as such, entire proceedings be quashed.
Per contra, learned AGA has submitted that the incident has taken place in the year 2012 and this application u/s 482 Cr.P.C. has been filed with the delay of about six years which has not been properly explained by the applicant and 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 applicant 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 entire proceedings is therefore refused.
However, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his 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 Cr.PC is finally disposed of.
Order Date :- 26.9.2019 R