Court No. - 71
Case :- CRIMINAL APPEAL DEFECTIVE No. - 1096 of 2019 Appellant :- Mohammad Mohid And Anr.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Ajay Kumar,Rajive Ratn Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Delay Condonation Application
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This criminal appeal has been filed by the appellants with the delay of 40 days.
Cause shown in the affidavit filed along with delay condonation application is sufficient, as such, delay is condoned.
Order on Criminal Appeal
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This criminal appeal has been filed by the appellants with the prayer to quash the NBW order dated 28.08.2019 and summoning order dated 17.05.2019 as well as entire proceedings of Complaint Case No.10 of 2019 (Smt. Savitri Vs. Shafiur Rahman @ Guddu and others), under Sections 323, 504, 506, 406 IPC and Section 3(2)(5K) of SC/ST Act, Police Station Mainather, District Moradabad.
As per the allegations made in the complaint, it is alleged that on 22.04.2014, the appellants entered in an agreement for sale of certain plots belonging to the victim, for which, a sum of Rs. 54,50,000/- was to be paid to the victim, however, after getting the agreement executed, the appellants continued to sale the plots but did not pay the sale consideration to the victim and a sum of Rs. 34,50,000/- is said to be due upon the appellants, when the victim asked them to pay the due amount, then the appellants started dilly dallying and abused the victim with the name of her caste with an intention to humiliate and intimidate her and assaulted her and disrobed her, thereafter, they left the place of the incident threatening her of life.
Learned counsel for the appellants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the appellants 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 inquiry, prima facie offence is clearly made out against the appellants and as such, impugned summoning order cannot be quashed.
Moreover, at this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex aCourt 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 summoning order and entire proceedings is therefore refused.
However, it is directed that if the appellants 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 criminal appeal is finally disposed of.
Order Date :- 27.9.2019 Nadim