Court No. - 71
Case :- APPLICATION U/S 482 No. - 32095 of 2019 Applicant :- Mangesh Kumar Mishra @ Siddharth And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Vinod Kr Pandey 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.P.C. has been filed by the applicant with the prayer to quash the Charge Sheet dated 5.4.2019, cognizance order dated 25.6.2019 as well as entire criminal proceedings of Special Trial No. 290 of 2019 (State Vs. Mangesh Kumar Mishra and another), under Sections 323, 504, 506 IPC and 3(2) (Va) of SC/ST Act, P.S. Handia, District- Allahabad, pending in the court of Special Judge, SC/ST Act, Allahabad.
As per the allegations made in the first information report and the statement of the first informant recorded under Section 161 Cr.P.C, it is alleged that on 6.3.2019 at about 7:30 p.m, the applicants abused the victim with the name of his caste with an intention to humiliate and intimidate him and also assaulted him with kicks and fists on his private part, due to which he suffered injuries and has been medically examined.
Learned counsel for the applicant has submitted that the applicants are minor and therefore, they cannot be charge- sheeted.
Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants 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.
Per contra, learned AGA has submitted that the applicants have not yet been declared juvenile by the competent court, therefore, the plea raised by the counsel for the applicants is untenable. He has next submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the impugned orders as well as entire proceedings is therefore refused.
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.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 22.8.2019 KU