Court No. - 71
Case :- APPLICATION U/S 482 No. - 36135 of 2019 Applicant :- Kuldeep And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire criminal proceedings of summoning order dated 15.5.2019 as well as further proceedings of Complaint Case No. 28 of 2018 (Rajkumari Vs. Kuldeep and others), under Sections 354, 323, 504, 506 IPC and 3(1) r of SC/ST Act, P.S. Kotwali Nagar, District- Bulandshahr, pending in the court of Special Judge, SC/ST Act, Bulandshahr.
As per the allegations made in the complaint, it is alleged that on 31.1.2018, the applicants reached at the house of the victim and tried to drag her in a room with evil intention and on alarm being raised by her, her family members reached there and the applicants left the place of incident, however only after 10 minutes the applicants alongwith his brother Pintu and Bhati again reached there and abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and forcibly entered in her house and tried to outrage her modesty and applicants are also said to have assaulted the victim. On account of assault made by the applicants, victim- Raj Kumari has suffered injuries and have been medically examined.
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 enquiry, 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 perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the summoning order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 27.9.2019 KU