Court No. - 80
Case :- APPLICATION U/S 482 No. - 10859 of 2021 Applicant :- Dharmveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 09.01.2019 and entire proceedings of Criminal Case No. 439 of 2019 (State of U.P. Vs. Kamal Singh and others), arising out of Case Crime No. 213 of 2018, under Sections 323, 504, 506, 325 I.P.C., Police Station Salempur, District Bulandshahar, pending before the court of Additional Civil Judge (Jr. Div.), Court No.2, Bulandshahar.
As per the allegations made in the FIR, it is alleged that on 14.09.2018 at about 9:00 AM, the applicant forcibly entered in the house of the victim and assaulted him. On account of assault, victim Daya suffered injuries and has been medically examined.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present criminal case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, entire proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
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 applicant. 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 prima facie case is to be seen in the light of the law laid down by the Hon'ble 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 applicant had already been directed to be released on bail and he has got right of discharge under Sections 239, 245 or 227 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.
The prayer for quashing the charge sheet dated 09.01.2019 and entire proceedings is therefore refused.
However, it is directed that in case the applicant files an application for discharge before the court below, the same be considered and decided as expeditiously as possible in accordance with law after hearing the public prosecutor.
With the aforesaid directions, this application under Section 482 CrPC is finally disposed of.
Order Date :- 25.10.2021 Nadim