Court No. - 52
Case :- APPLICATION U/S 482 No. - 6051 of 2018 Applicant :- Kishun Das Sharma And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mahesh Kumar, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.1058 of 2016 (State Versus Vrindawan) arising out of Case Crime No.107 of 2016 under Sections 323, 324, 504 and 506 I.P.C., P.S. Lahchura, District Jhansi, pending in the court of Judicial Magistrate-I, Mauranipur, Jhansi.
The contention of learned counsel for the applicants is that no offence against the applicants is 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 submission made at the bar relates to the disputed question 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 prayer for quashing the proceedings as well as order impugned is refused.
However, it is provided that if the applicants appear and surrender before the court below and apply for bail,their prayer for bail shall be considered and decided expeditiously in accordance with law. The applicant no.1 is more than 90 years of age, his bail shall be considered sympathetically keeping in view the provisions of Section 437(1) Cr.P.C.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 23.2.2018 MN/-