Court No. - 75
Case :- APPLICATION U/S 482 No. - 9635 of 2018 Applicant :- Janardan Prasad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amresh Tripathi,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Kamal Kumar Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge- sheet dated 21.07.2017, impugned cognizance order dated 23.08.2017 as well as entire proceedings of Case No. 3011 of 2017, arising out of Crime Crime No. 210 of 2017, under Sections 147, 148, 149, 452, 323, 504, 506 IPC, Police Station Rampur Karkhana, District Deoria, pending in the court of Chief Judicial Magistrate, Room No.17, Deoria.
As per the allegations made in the FIR, it is alleged that the applicants have assaulted the victim by lathi danda and on account of assault made by the applicants, Harendra Dubey has suffered injuries on his person and has been medically examined.
Learned counsel for the applicants has submitted that in respect of the present incident, FIR has been lodged from both the sides.
Learned counsel for the applicants has submitted that from the perusal of 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 a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
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 applicants and as such, impugned cognizance order as well as entire proceedings 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 CrPC. 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 impugned cognizance order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear/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 settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 26.11.2019 Nadim