Court No. - 82
Case :- APPLICATION U/S 482 No. - 13249 of 2021 Applicant :- Jumman And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- A.G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the applicants and the learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Special Criminal Case No.235 of 2020 (State vs. Jumman and others), under Sections 387, 323, 504, 506 I.P.C. and 3 (1) (Da), 3 (1) (Dha), 3 (2) (Va) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, arising out of Cognizance Order dated 9.10.2020 at Charge Sheet No.01 of 2020, dated 25.06.2020 in pursuance of Case Crime No.78 of 2020, under Sections 387, 323, 504, 506 I.P.C. and 3 (1) (Da), 3 (1) (Dha), 3 (2) (Va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Police Station-Naraini, District-Banda, pending before the Court of Special Judge (SC/ST Act, Banda.
Learned counsel for the applicants has submitted that the charge-sheet has been filed against the applicants without there being any evidence whatsoever against them.
It has further been submitted by learned counsel for the applicants that pendency of the instant criminal proceedings against the applicants is nothing but the abuse of the process of Court and, therefore, the impugned criminal proceedings be quashed. However, after arguing at some length, learned counsel for applicants also submits that grievance of applicants would be sufficiently met, in case, bail application of applicants is considered expeditiously, in accordance with law.
Learned Additional Government Advocate, however, controverts the submissions of learned counsel for applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie 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 prima facie 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 overall facts and circumstances of the present case, the prayer for quashing the criminal proceedings lacks merit and deserves to be declined.
However, it is provided that if the applicants appear before the court below and apply for grant of bail, the Court below shall consider and decide the same with expedition, in accordance with the settled law.
With the aforesaid observations, the application is finally disposed of.
Order Date :- 29.10.2021 Mahesh