Court No. - 87
Case :- APPLICATION U/S 482 No. - 46651 of 2019 Applicant :- Jay Prakash Gond And5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sher Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed u/s 482 with a prayer to quash the entire proceedings of Complaint Case No. 365 of 2019 (Smt. Parmila vs. Jay Prakash & others), under Sections 323, 451, 504 and 506 I.P.C., P.S. Tahbarpur, District Azamgarh.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel further submits that the witnesses produced by the complainant is his close relatives and the said complaint has been filed on the basis of false and frivolous grounds. Learned counsel further submits that the applicant no. 1 is father of applicants no. 2, 3, 4 and 6 and is very old and sick person. Learned counsel further submits that the whole proceeding is nothing but misuse of process of law. Hence the entire proceeding deserves to be quashed.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has submitted that at this stage, the truthfulness or falsehood of the case cannot be adjudged.
Hon'ble Supreme Court in Sri R.P. Kapoor and Ors. vs. The State of Punjab AIR 1960 SC 866, Madhu Limaye vs. The State of Maharashtra AIR 1978 SC 447, State of Harayana & Ors. vs. Bhajan Lal and Ors. 1992 Supp. (1) SCC 335 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, Sau. Kamal Shivaji Pokermaker vs. State of Maharashtra AIR (2019) SC 847, after discussing the nature and scope of power of High Court U/s 482 of Code of Criminal Procedure (code), has held that the High Court can exercise the inherent powers provided under Section 482 of the Code only to prevent the misuse of the process of any Court or to secure the ends of justice and this power can only be exercised when no other specific remedy is available to the applicant under the provision of the Code. It has also been established that no interference is required with the order passed by the Magistrate under Section 190 of Code, regarding taking the cognizance of the offence or u/S 204 of the Code regarding the summoning of accused, if prima-facie offence is made out from consideration of material available on record. At this stage, merit of the case or truthfulness of the material on record cannot be adjudged.
From perusal of complaint, it clearly shows on the date of incident, Prakash, Hemant, Sumant, Manoj, Gudiya and Amravati entered in the house of opposite party no. 2 and beaten her on account of civil dispute related to land.
From perusal of the material on record and looking into the facts and circumstances of the case, it cannot be said at this stage that no offence is made out against the applicants. All the submissions made by the learned counsel for the applicants relate to disputed question of fact which cannot be adjudged at this stage. At this stage, only prima-facie case is to be seen in the light of law laid down by the Apex Court in above mentioned cases. Accordingly, in view of the above the prayer for quashing the entire proceedings is refused.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 17.12.2019 Saurabh