Court No. - 69
Case :- APPLICATION U/S 482 No. - 9587 of 2021
Applicant :- Deepak Kesari And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Raj Kumar Upadhyay,Avanish Kumar Upadhyay
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 charge sheet dated 12.7.2020 as well as the entire proceedings of .S.T. No. 327 of 2021 (State Vs. Varanasi Kesari and others), arising out of Case Crime No.0077 of 2020, under Sections- 323, 504, 506, 354(Kha) I.P.C. AND 3(1) (D), 3(1) (DH) of SC/ST Act, Police Station- Mirzamurad, District- Varanasi.
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. At this stage, the argument raised by learned counsel for the applicants involve factual dispute 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 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, therefore, no case for interference is made out.
At this stage, learned counsel for the applicants submit that applicant are ready to surrender before the court concerned and prayed that some protection may be provided to the applicants.
Considering the request of the applicants and in view of the entirety of fact and circumstance of the case, it is directed that in case the applicants appear and surrender before the court below within 45 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 :- 27.5.2021 Junaid
Digitally signed by Justice Neeraj Tiwari Date: 2021.05.27 16:17:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad