Court No. - 81
Case :- APPLICATION U/S 482 No. - 19395 of 2021 Applicant :- Iftekhar And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,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 8.6.2019 and impugned cognizance/summoning order dated 8.8.2019 as well as NBW order dated 7.9.2021 in S.S.T. No. 158 of 2019, State Vs. Iftekhar and three others, arising out of Case Crime No. 28 of 2019, under Sections 323, 504, 506 I.P.C. and Section 3(2) (va), 3(1) (Da) and 3(1) (Dha) of S.C./S.T. Act, Police Station Nizamabad, District Azamgarh, pending in the court of 2nd Additional Session Judge/Special Judge (S.C./S.T. Act), Azamgarh.
Learned counsel for the applicants has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with malafide intention for the purpose of harassment.
All the submission made at the bar relates to the disputed question 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 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.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicants file an application for recalling of the non-bailable-warrant issued against them within 30 days from today, their application may be considered and disposed of as expeditiously as possible, in accordance with law or 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 expeditiously by the Court below.
With the aforesaid directions, the instant present application is disposed of.
Order Date :- 25.10.2021 Mini