Court No. - 71
Case :- APPLICATION U/S 482 No. - 21787 of 2019 Applicant :- Lal Jee Shukla And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit 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 proceeding of Case No.5042 of 2017 (State Vs. Lalji Shukla and others), including charge sheet dated 10.12.2015, arising out of Case Crime No.247 of 2015, under Sections 147, 323, 504, 506 I.P.C. and 3(1)10 SC/ST Act, P.S. Gajner, District Kanpur Dehat, pending before Judicial Magistrate-II, Kanpur Dehat as well as consequential summoning order dated 30.09.2017 passed by Judicial Magistrate-II, Kanpur Dehat.
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 purpose of causing harassment.
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 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Sections 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
At this stage, this Court is not in a position to weight the factual matrix of the case properly and accused has a right against summoning order to file a discharge application before the trial court within four weeks from today, raising all the grounds/grievances which have been taken in this application or which may have been taken, the trial court shall decide the discharge application within six weeks from its filing by passing a speaking and detailed order.
Till the decision of the discharge application, no coercive measure shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2019 R./