Court No. - 71
Case :- APPLICATION U/S 482 No. - 35699 of 2019 Applicant :- Devi @ Devkarn And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avadh Raj Sharma 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 13.08.2019 as well as entire proceedings of Complaint Case No.22 of 2019 (Ramesh Vs. Devi and others), under Sections 323, 504, 506 IPC and Section 3(1)r and 3(1)s of SC/ST Act, Police Station Girar, District Lalitpur.
As per the allegations made in the complaint, it is alleged that the applicants, on account of dispute over demarcation of the field in question, abused the victim with the name of his caste with an intention to humiliate and intimidate him and tried to assault him by lathi, however, victim somehow rescued him and when Kusum, wife of the victim, tried to rescue him, then she was also assaulted by kicks and fists, due to which, she also suffered injuries.
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 and the victim has not suffered any injury on his person. He has pointed out certain documents and statements in support of his contention.
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/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 :- 25.9.2019 Nadim