Court No. - 83
Case :- APPLICATION U/S 482 No. - 28528 of 2019 Applicant :- Mahesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 216 of 2019, under Section 452, 354 , 504 I.P.C. (Smt. Mamta Vs. Mahesh and others) pending in the Court of learned A.C.J.M. , District Sambhal at Chandausi as well as summoning order dated 12.03.2019 passed by learned A.C.J.M. Chandausi, District Sambhal at Chandausi.
It has been argued by the learned counsel for the applicants that the impugned complaint has been filed making false and baseless allegations and that no case is made out against the applicants. Applicants have been summoned only on the basis of the general allegations and there is no independent witness of the alleged incident. No one has sustained any injury and that ingredients of sections 452, 354, 504 I.P.C are not not made out. It was further argued that Than Singh has lodged an FIR under sections 363, 366 I.P.C. against the son of opposite party no.2 and others and in that case after investigation charge sheet was filed. Further applicant No. 4 Shankar has filed an application under section 156 (3) Cr. P.C. against Than Singh, Somwati, Harveer and husband of opposite party no.2 and others and ultimately that FIR was registered. It was submitted that the impugned complaint is a counter blast and no case is made out against the applicants.
Learned A.G.A. has opposed and argued that the allegations made in the complaint disclosed commission of cognizable offence against the applicants and that no case for quashing of FIR is made out.
From the perusal of the material on record and looking into the fact of the case at this stage, it cannot be said that prima facie no case is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in jurisdiction of Section 482 Cr. P.C. It is well settled that at this stage only prime case is to be seen. Considering the law laid down by Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283, material on record and considering the submissions of learned counsel for the applicant, no case for quashing of the proceeding is made out.
The prayer for quashing as made above is hereby refused.
However, it is provided that if the applicants surrender and apply for bail, their bail application shall be decided in accordance with law. For a period of one month or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 22.8.2019 T.S.