Court No. - 80
Case :- APPLICATION U/S 482 No. - 13830 of 2021 Applicant :- Krishna Pal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Singh Yadav,Manish Kumar Panday Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 114 of 2019 dated 31.12.2019 and cognizance order dated 7.3.2020 as well as entire criminal proceedings of Case No. 118 of 2020 (State Vs. Krishna Pal Singh and others) arising out of Case Crime No. 99 of 2019, under Sections 452, 354, 323, 504, 506 IPC, P.S.
Samthar, District Jhansi pending in the court of Judicial Magistrate, Moth, Jhansi.
As per allegation made in the first information report, it is alleged that on 9.10.2019 at about 9:30-10:00 p.m., the applicants alongwith two unknown persons came at the house of the victim and starting knocking at the door and when she refused to open the door and asked them to come back in the morning, then they forcibly broke open the door and entered in her house and outraged the modesty of the victim and assaulted her.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, 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 allegations made in the FIR as well as the statements of the witnesses, prima facie, offence is clearly disclosed against the applicants and as such entire proceedings cannot be quashed at this stage when the evidence is yet to come.
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 applicant. 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 the 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 and another, (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the proceedings of the aforementioned case is refused.
The applicants have already been released on bail.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239/245 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 12.8.2021 KU