Court No. - 71
Case :- CRIMINAL APPEAL No. - 4965 of 2019 Appellant :- Dharmendra And 2 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Gyanendra Kumar Singh Counsel for Respondent :- G.A.,Anil Kumar Bind
Hon'ble Rajiv Gupta,J.
Sri Anil Kumar Bind, Advocate has filed vakalatnama on behalf of the opposite party no. 2, which is taken on record.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the summoning order dated 23.5.2019 as well as entire criminal proceedings of Complaint Case No. 01/12 of 2019 (Chhotey Lal Vs. Brahmanand Katiyar and others), under Sections 452, 323, 504, 506 IPC and Section 3 (1) X of SC/ST Act, P.S. Kotwali Farrukhabad, District- Farrukhabad, pending in the court of Special Judge (SC/ST Act), Farrukhabad.
As per the allegations made in the complaint, it is alleged that on 4.10.2018 at about 5:30 p.m., the appellants assaulted the complainant by kicks and fists and when his wife, daughter and son came to his rescue, then his wife has also been assaulted by the butt of the gun, due to which she suffered injuries. The allegations of abusing the victim with the name of his caste has also been made. The victim Jashoda has also been medically examined.
Learned counsel for the appellants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the appellants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 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 enquiry, prima facie offence is clearly made out against the appellants and as such, entire proceedings 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 as well as entire proceedings is therefore refused.
However, it is directed that if the appellants 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 appeal is finally disposed of.
Order Date :- 30.7.2019 KU