Court No. - 80
Case :- APPLICATION U/S 482 No. - 7894 of 2021 Applicant :- Madan Verma And 2 Others Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Prashant Rai,Gaurav Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet no.10 of 2021, dated 15.01.2021, cognizance/ summoning order dated 28.01.2021 and entire proceedings of Criminal Case No. 3021 of 2021 (State Vs. Madan Verma and others), arising out of Case Crime No. 225 of 2020, under Sections 323, 504, 506, 354-Kha I.P.C., Police Station Chetganj, District Varanasi, pending before the court of Additional Chief Judicial Magistrate IXth, Varanasi.
As per the allegations made in the FIR, it is alleged that on 11.10.2020, the applicants assaulted the victim and abused her and has also disrobed her and threatened her of life.
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 purposes of harassment. He has pointed out certain documents and statements in support of his contention.
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. 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 Hon'ble 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 had already been directed to be released on bail and they have got right of discharge under Sections 239, 245 or 227 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.
At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide their discharge application, if there is no evidence against them.
The prayer for quashing the charge sheet, cognizance order and entire proceedings is therefore refused.
However, it is directed that in case the applicants file an application for discharge before the court below within one month from today, the same shall be considered and decided within six weeks in accordance with law after hearing the public prosecutor.
Till then, no coercive action shall be taken against the applicants. However in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 16.8.2021 Nadim