Court No. - 71
Case :- APPLICATION U/S 482 No. - 34359 of 2019 Applicant :- Girja Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the entire proceedings as well as charge sheet dated 19.6.2017 of Case Crime No. 36 of 2017, under section 406, 504, 506 I.P.C. and under section 3(1) Da), 3(1) (Dha), 3(2) (v) SC/ST Act P.S. Tehbarpur, District Azamgarh pending in the court of A.D.J. IInd, Azamgarh.
As per the allegations made in the FIR, it is alleged that the applicant entered into an agreement for sale of part of the land and in respect of which the payment of Rs. 75,000/- was made through two cheques, subsequently, at the time of execution of sale deed, the applicant refused to execute the sale deed in favour of the victim and refused to return back his money and on 14.11.2016 reached at the house of the victim and abused her with the name of her caste with an intention to humiliate and intimidate her in public view.
Learned counsel for the applicant has submitted that the applicant is 68 years of age, there is delay in lodging the F.I.R. and allegations made in the F.I.R. and the statements of the victim are false and concocted and from 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 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, as such, entire proceedings and charge sheet 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 and charge sheet 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 Cr.PC. 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 entire proceedings and charge sheet is therefore refused.
However, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his 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 application under Section 482 Cr.PC is finally disposed of.
Order Date :- 26.9.2019 R