Court No. - 71
Case :- APPLICATION U/S 482 No. - 29257 of 2019 Applicant :- Mithun @ Mrityunjay Majumdar And 6 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Singh,Satyendra Pratap Singh 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 CrPC has been filed by the applicants with the prayer to quash the NBW order dated 04.07.2019 in Complaint Case No.125 fo 2018 (Amrik Singh Vs. Mithun @ Mrityunjay Majumdar and others), under Sections 406, 506 IPC and Section 3(2)(5a) of SC/ST Act, Police Station Madhotanda, District Pilibhit.
As per the allegations made in the complaint, it is alleged that on 21.08.2014, the applicants by inducing the complainant had got deposited a sum of Rs.2,00,000/- and on 25.12.2016, Rs.6,33,800/- was the balance due upon the applicants and on 05.07.2018, when the complainant insisted for return of his money, then the applicants abused him with the name of his caste with an intention to humiliate and intimidate him and they also assaulted him.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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 from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicants and as such, impugned NBW order 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 NBW order is therefore refused.
However, it is directed that if the applicants appear and 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 :- 30.7.2019 Nadim