Court No. - 83
Case :- APPLICATION U/S 482 No. - 5521 of 2021 Applicant :- Jafar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Raghvendra Prakash, learned counsel for applicants and learned AGA for State.
This application under Section 482 Cr.P.C. has been filed challenging charge sheet dated 23.6.2017 submitted in Case Crime No.152 of 2017, under Sections 323, 504, 506, 295, 427 IPC, Sections 3(1)(Da) (Dha) and 3(2)(5) Ka of SC/ST Act, P.S. Tahbarpur, District Azamgarh as well as entire proceedings of consequential special trial no.95 of 2020 arising out of Case Crime No.152 of 2017, under Sections 323, 504, 506, 295, 427 IPC, Sections 3(1)(Da) (Dha) and 3(2)(5) Ka of SC/ST Act, P.S. Tahbarpur, District Azamgarh now pending in court of Special Judge S.C./S.T. Act, Azamgarh.
Learned counsel for applicants contends that applicants are innocent. They have been falsely implicated in above mentioned criminal case. Material on record does not support prosecution case. No offence under S.C./S.T. Act is made against applicants as alleged incident has not occurred. He therefore contends that present criminal proceedings are an abuse of process of court against applicants and therefore liable to be quashed by this court.
Per contra learned AGA has opposed this application.
Learned AGA contends that after registration of above mentioned FIR, Investigation Officer proceeded with statutory investigation and during course of investigation various witnesses including first informant were examined under Section 161 Cr.P.C. who have supported the prosecution story. On basis of entire material collected during course of investigation, charge sheet has been submitted against applicants. In the charge sheet so submitted, 10 prosecution witnesses have been nominated.
On aforesaid premise, it is urged by learned AGA that at this stage it cannot be said that applicants are being falsely prosecuted or there is no material to support the prosecution of applicants. Learned AGA lastly contends that under amended provision of S.C./S.T. Act, it is not necessary that incident on basis of which prosecution is launched under SC/ST Act should occur in public view.
Having heard learned counsel for applicants, learned A.G.A. for State and upon perusal of 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 applicant. All the submissions made at the Bar relate to the disputed defence of the applicant, which cannot be adjudicated upon by this Court in exercise of its jurisdiction under section 482 Cr.PC. This Court in exercise of its jurisdiction under section 482 Cr.P.C. cannot appraise or appreciate evidence, as such an exercise can be undertaken only by trial court. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283.
In view of above, application fails and is liable to be dismissed. It is accordingly dismissed.
Order Date :- 30.7.2021 piyush