Court No. - 64
Case :- APPLICATION U/S 482 No. - 46864 of 2019
Applicant :- Devpat And 2 Others
Opposite Party :- The State Of Up And Another
Counsel for Applicant :- Gyanendra Singh,Shyam Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed on behalf of the applicants today, is taken on record.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings as well as charge-sheet dated 9.9.2019 as well as cognizance order / summoning order dated 21.9.2019 in Special Case No. 78 of 2019 (State Vs. Nandu and Others) under Sections 452, 323, 504, 506 I.P.C. arising out of Case Crime No. 95 of 2019, police station Badausa, district Banda, passed by Additional Sessions Judge / F.T.C. No. 1, Banda.
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.
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. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and applies for bail, then the bail application of the applicants be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 18.12.2019 Vibha Singh