Court No. - 71
Case :- APPLICATION U/S 482 No. - 34805 of 2019 Applicant :- Mahendra Chauhan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Malviya 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 Cr.PC has been filed by the applicants with the prayer to quash the summoning order dated 7.11.2012 passed by A.C.J.M. Ghazipur and revisional order dated 27.7.2019 passed by Additional Session Judge/Fast Track Court Room No. 01, Ghazipur as well as proceeding of criminal case No. 619 of 2011, under sections 427, 504 I.P.C. and section 3(1) (10) SC/ST Act P.S. Kasimabad, District Ghazipur.
As per the allegations made in the complaint, it is alleged that on 7.8.2011 at about 2.00 p.m., the applicants forcibly entered into the house of the victim and tried to demolish the house and on being asked to refrain from illegal act, the applicants abused the victim with the name of her caste with an intention to humiliate her in public view and left the place of incident threatening her of life. On the basis of said complaint, learned magistrate recorded the statements of the witnesses under section 200 and 202 Cr.P.C. and summoned the applicants to face trial vide order dated 7.11.2012. Being aggrieved by the said order the applicants preferred revision before the Sessions Judge. The said revision was heard and after taking into consideration the allegations made in the complaint and the statements of the witnesses recorded under section 200 and 202 Cr.P.C. the revisional court so far as applicants are concerned dismissed their revision vide order dated 27. 7.2019. Against the said order, the present application under section 482 Cr.P.C. has been filed.
Learned counsel for the applicants has submitted that the dispute between the parties is primarily civil in nature which has been illegally dragged into criminal proceeding and court below has illegally passed the impugned orders.
Per contra, learned AGA has supported the impugned order and has drawn the attention of the Court to the allegations made in the complaint as well as the statements of the witnesses from which it is evident that on 7.8.2011 the applicants tried to demolish the house of the victim and abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and as such the impugned orders passed by the courts below does not suffer from any illegality.
Having considered the rival submissions made by learned counsel for the parties and from the allegation made in the complaint and the statements of the witnesses recoded under section 200 and 202 Cr.P.C., at this stage, it can not be said that primafaice offence is not made out against the applicants. The impugned order passed by court below is just, proper and legal and do not call for interference by this Court.
The application filed under section 482 Cr.P.C. lacks merit and it is accordingly dismissed.
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.
Order Date :- 26.9.2019 R