Heard learned counsel for the applicant/petitioner, learned A.G.A. for the State and perused the record.
In the instant application under Section 482 Cr.P.C., the prayer for setting aside/quashing of the impugned charge sheet no.19 of 1997 dated 25.03.1997 in Criminal Case No.3124 of 2014, Crime No.53 of 1997, under Section 323 of Indian Penal Code, Police Station-Raje Sultanpur, District-Ambedkar Nagar (State Vs. Brijesh and others), pending in the Court of Additional Sessions Judge, Kheri in the case of State Vs. Atul Verma alias Rinku Verma and another, has been made. A prayer to stay the further proceeding of the aforesaid case has also been made.
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 relate 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 the Hon'ble Supreme Court in 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.
No case for quashing of the charge sheet is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicant has submitted that applicant/petitioner wants to surrender before the court below. Thereafter, applicant is going to move discharge application before court concerned and a direction be given to the trial court that his discharge application be decided expeditiously.
Learned A.G.A. has no objection.
In view of the aforesaid, it is directed that if applicant moves bail/discharge applications before trial court within four weeks from today, the court, concerned will decide the same expeditiously, in accordance with law.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 11.2.2021 SK Goswami