Court No. - 49
Case :- APPLICATION U/S 482 No. - 25193 of 2018
Applicant :- Kuldeep And 4 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Rajeev Kumar Singh Parmar
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings as well as charged sheet dated 3.3.2017 and cognizance order dated 20.4.2017 in Case No.1074 of 2017, Pertaining to Case Crime No.77 of 2016, (State Vs. Kuldeep and Others) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Farrukhabad, pending in the court of J.M. Sadar, District Farrukhabad.
Learned counsel for the applicants submits that there is general and vague allegations against the applicant nos.2 to 5. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 no. 1 at this stage. 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 prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant nos. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of in respect of applicant no. 1.
Insofar as the applicant nos. 2 to 5 are concerned, the application is entertained.
Issue notice to opposite party no. 2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive measure shall be taken against the applicant nos. 2 to 5 in the aforesaid case.
Order Date :- 27.7.2018 Gaurav Pal