Heard learned counsel for the applicants and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet dated 20.04.2020, cognizance order dated 11.01.2021 as well as proceedings of S. T. No. 5 of 2021 (State Vs. Dharmendra Kumar alias Shyamu and others) arising out of case crime no. 124 of 2020, under Sections 323, 325, 504, 506 IPC and Section 3(1) (Da) and 3(1) (Gha) SC/ST Act, Police Station Jalaun, district Jalaun pending in the court of Special Judge (SC/ST Act), Jalaun. Further prayer has been made to stay the entire proceedings of the aforesaid case.
It is submitted by the learned counsel for the applicants that the cognizance taken in the matter is illegal and without application of judicial mind. Offences disclosed in the FIR as well as charge sheet are not attracted against the applicant. Present FIR was lodged on the basis of local enmity. No prima facie case is made out. Continuation of the proceedings of the aforesaid criminal case against the applicants are abuse of process of law.
Learned A.G.A. has opposed the prayer.
From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the 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 made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the Court below for expeditious disposal of the bail application of the applicants.
Hence it is directed that in case the applicants surrender before the court below and applies for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.2.2021 Sachdeva