Court No. - 43
Case :- APPLICATION U/S 482 No. - 13025 of 2018 Applicant :- Devendra Kumar Pal And 2others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 13.12.2017 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Fast Track Court No.1, District Auraiya in Case No.128 of 2017 (Ranno Devi Vs. Devendra Kumar Pal and others) under Sections 323,504,506 IPC and Sections 3(2)(V)A of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, P.S. Auraiya District Auraiya.
The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned A.G.A, has opposed the submission on the ground that in view of the allegations made in the F.I.R, and the documents collected during investigation culminating in the filing of a charge sheet, prima facie case of commission of above offences is made out. He thus submits that the application under Section 482 CrPC is liable to be dismissed.
The law is well settled that at the stage of quashing of the summoning order, the Court has to only examine as to whether on the basis of the materials available in the summoning order, a prima facie case is made out against the applicants or not.
The Court has perused the the complaint, the statements and the summoning order and is of the view that at this stage it cannot be said that no offence is made out against the applicants. 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 application is dismissed.
The court below, while considering the bail applications of the respective applicants shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) A.D.J 151.
For a period of six weeks from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 27.4.2018 RS