Court No. - 49
Case :- APPLICATION U/S 482 No. - 29154 of 2018
Applicant :- Dalvir Singh
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 854 of 2018 (State Vs. Rekhpal and others), arising out of Case Crime No. 383 of 2017, under Sections- 452, 323, 504, 506, 308 I.P.C., Police Station- Paliyali, District- Kasganj, pending in the court of C.J.M., Kasganj.
Learned counsel for the applicant submits that the main injury had been caused by the co-accused Rekhpal who has already been enlarged on bail. It is then submitted that only role assigned to the applicant is beating by lathi and causing some injury, which allegation is not corroborated by the injury report. It is further stated that the applicant has been falsely implicated on account of animosity between opposite party no. 2 and son of applicant no. 1. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 applicant 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
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 applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 :- 24.8.2018 Prakhar