Court No. - 40
Case :- APPLICATION U/S 482 No. - 21180 of 2019 Applicant :- Mohit And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Mishra 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 criminal proceeding of Case No.5593 of 2018 (State vs. Mohit and others) pending before the Court of Chief Judicial Magistrate, Etawah as well as the chargesheet dated 7.10.2018 arising out of Case Crime No.461 of 2018 under Section 323, 504, 506, 354 (ka) IPC, Police Station Kotwali, District Etawah.
As per the allegations made in the FIR it is alleged that on 24.06.2018, applicants assaulted the victims due to which they have received injuries. On the basis of the first information report, police thoroughly investigated the matter and submitted the chargesheet against the applicant under Section 323, 504, 506, 354 (ka) IPC on which the learned Magistrate has taken cognizance on 15.11.2018 and summoned the applicants for trial.
From the perusal of the allegations made in the FIR and material collected during the course of investigation, 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, disputed question of fact cannot be considered, therefore, in view 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 prayer for quashing the summoning order is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for 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 :- 4.6.2019 Deepika