Court No. - 54
Case :- APPLICATION U/S 482 No. - 31466 of 2018 Applicant :- Kamlesh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhay Raj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Session Trial No. 232 of 2017 (State v. Kamlesh and others), arising out of Case Crime No. 177 of 2017 under sections 147, 504 and 506 IPC and 3(2)(5) Ka and 3(1) Gha of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Mau, District Chitrakoot pending in the court of the Additional Sessions Judge, Court No. 2, Chitrakoot as well as charge sheet dated 08.07.2017.
The contention of the counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court 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 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 and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayers for quashing the proceedings of the aforementioned case and the charge sheet dated 08.07.2017 are refused.
However, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the cases of Amrawati and another Vs. State of U.P. [2005 Cr. L. J. 755] as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. [2009 (3) ADJ 322 (SC)].
For a period of 45 days from today or till the applicants surrender and apply for bail in the aforesaid case, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 19.9.2018 shailesh