Court No. - 73
Case :- APPLICATION U/S 482 No. - 7689 of 2019
Applicant :- Hari @ Hari Chand And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 6.7.2016 as well as entire proceeding of Criminal Case No. 2431 of 2016 (State Vs. Hari @ Hari Chand and others) arising out of Case Crime No. 0226 of 2016, under sections 354, 354B, 323, 504, 506, 452 I.P.C., Police Station- Jagdishpur, District- Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Agra.
The submission of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. It is further submitted that all independent witnesses have not supported the prosecution story and stated that both the parties are habitual of scuffle after taking alcohol and they have not seen any such offence attracting the provisions of sections 354 and 354B I.P.C. It is next submitted that at earlier stage, victim has refused to give her statement under section 161 Cr.P.C. and it has been only recorded after issuance of notice under section 160 Cr.P.C. Lastly, it is submitted that under such circumstances, this court may please to quash the present criminal proceeding.
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 applicants at this stage. 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 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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699, therefore, no case for interference is made out.
At this stage, learned counsel for the applicants submits that applicants are ready to surrender before the court concerned and prayed that some protection may be provided to the applicants.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 28.2.2019 Sartaj