Court No. - 81
Case :- APPLICATION U/S 482 No. - 46525 of 2019 Applicant :- Farid And 7 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Virendra Kumar,Babu Lal Ram Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Virendra Kumar, learned counsel for the applicants, Sri Suraj Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 17.01.2019 as well as cognizance order dated 06.02.2019 passed by Additional Chief Judicial Magistrate, Court No.2, Varanasi in Case No. 204 of 2019 (State vs. Fareed and others) arising out of Case Crime No.0357 of 2018 under sections 147, 323, 504, 506 IPC, Police Station Lohta, District Varanasi pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Varanasi and to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by the learned counsel for the applicants that the entire family of the applicants has been implicated in this false case. There was only a dispute of abadi land between the two sides. Charge sheet has been erroneously submitted, which needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.
I have gone through the FIR. According to it, occurrence took place on 27.12.2018 at about 6.30 A.M. when the applicants are stated to have beaten up, abused and threatened to kill the opposite party no. 2 in which applicants' side received injuries also.
After investigation, charge-sheet has been submitted by the Investigating Officer after having recorded statements of as many as eight witnesses.The veracity of the said witnesses cannot be tested in proceedings u/s 482 Cr.P.C. From the evidence on record, it cannot be said that cognizable offence is made out against the accused-applicant.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid-down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 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 aforesaid direction, this application is finally disposed of.
Order Date :- 18.12.2019 AU