The instant application has been filed by the applicants with a prayer to set aside the impugned summoning order dated 21.08.2020 passed by the learned Additional Chief Judicial Magistrate, Amethi pertaining to Case Crime No. 4/2020 (State Vs. Israfil & Ors.) under Sections 304, 323, 504 of IPC as well as to quash the chargesheets dated 13.03.2020 and 18.03.2020 along with all the proceedings of the case.
Heard Sri Gyanendra Pratap Singh, learned counsel for the applicants and Sri Yatindra Kumar Agnihotri, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that the instant case is one of those cases whereby accused persons have been arrayed as offenders on the basis of established political enmity. It is further submitted that if the statement of the prosecution witnesses are taken on their face value even then no cognizable offence would emerge against the applicants. While taking the Court to various documents including the postmortem report, the statement of the prosecution witnesses as well as the FIR, it is vehemently submitted that no case is emerging against the applicants and therefore, the proceedings pending before the trial Court are nothing but the abuse of process of law and the same be quashed.
Learned AGA on the other hand submits that all the submissions made by learned counsel for the applicants are disputed questions of fact and the same could only appreciated in the trial and the proceedings pending before trial Court could not be terminated on the basis of these submissions.
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 applicants. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C. At this stage only primafacie case is to be seen in the light of the law laid down by Supreme Court in the 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, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843.
Therefore, keeping in view the facts and circumstances of the case, the prayer for quashing the chargesheets dated 13.03.2020 and 18.03.2020 as well as summoning order dated 21.08.2020 of the aforesaid case is hereby refused and the instant application u/s 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 29.7.2021 Mohit