Court No. - 69
Case :- APPLICATION U/S 482 No. - 14032 of 2009
Applicant :- Mazhar @ Pappu And Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Achal Singh Vats,Prashant Kumar Singh,Surendra Prasad Yadav
Counsel for Opposite Party :- Govt. Advocate,Tripurari Saran Shukla
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State As well as learned counsel for the complainant and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.121/2007 (Harish Chandra vs. Mazahar and others) under Sections 147, 323, 504, 506, 427 I.P.C. and 3(1) 10 SC/ST Act, Police Station Pathara Bazar, District Siddharth Nagar as well as summoning order dated 28.01.2009 passed by Chief Judicial Magistrate, Siddharth Nagar.
The contention of learned counsel for the applicants is that the accident took place by Bus No. U.P. 42 T 0229 in which nephew of applicant no.3 Satish Yadav died and regarding the incident an F.I.R. in Case Crime No.126 of 2006, under Sections 379/304-A and 427 I.P.C., P.S. Pathara Bazar, District Siddharth Nagar was registered. Thereafter with malafide intention Harish Chandra moved an application under Section 156 (3) Cr.P.C. alleging that on 11.05.2006 at 12 hours while driving bus No.U.P. 55 T 0268 reached at badal crossing private stand on account of fair dispute applicants Mazhar @ Pappu, Rahmatullah and Satish Yadav hurled abuses and beat him and applicants have been summoned. No offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. At last he submitted that the applicant is ready to appear before the court and to face the trial. He sought some time to surrender before the court below.
Learned counsel for the complainant opposed and submitted that the opposite party no.2 was examined and traumatic swelling on upper arm, scalp contusion on thigh etc. were found. He also submits that opposite party is not known to the applicants. Learned court below considering the evidences and applying its mind has summoned the applicants. The contention raised by learned counsel for the applicants are be decided by the trial court after adducing evidence by the parties.
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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the proceeding as well as summoning order of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, 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 :- 30.9.2019 Jitendra