Court No. - 71
Case :- CRIMINAL APPEAL No. - 3210 of 2019
Appellant :- Mangal Singh Rajpoot And 7 Others
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Gaytri Rajput,Dinesh Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant and the learned A.G.A.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed to set aside the impugned charge sheet no.51/19, dated 22.02.2019, submitted in Crime No.355 of 2018, under Sections 147, 452, 323, 325, 504, 506 I.P.C. & Section 3(1)(D), 3(1)(Gha) & 3(2)(v) Ka SC/ST Act, P.S. Charkhari, District Mahoba, and order taking cognizance dated 11.04.2019, whereby appellants have been summoned in the aforesaid sections.
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 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 applicant has 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 he is 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 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 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 as per law.
The prayer for quashing the proceeding as well as order dated 11.04.2019 is refused.
However, it is directed that in case the appellant-applicants appear and surrender before the court below within four weeks from today and applies for bail, their prayer for bail shall be considered and decided expeditiously in the light of the 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. in accordance with law after hearing the public prosecutor.
For a period of four weeks from today, no coercive action shall be taken against the appellants-applicants. However, in case, the appellants-applicants does not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this appeal stands disposed of.
Order Date :- 26.4.2019 R./