Court No. - 71
Case :- CRIMINAL APPEAL DEFECTIVE No. - 1079 of 2019 Appellant :- Monish And 4 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Dharmendra Kumar 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 264 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 impugned NBW order dated 04.07.2019, Charge-Sheet dated 31.05.2018 and cognizance order dated 03.10.2018 in Special Sessions Trial No. 95 of 2018 (State Vs. Monish and others), arising out of Case Crime No. 251 of 2018, under Sections 147, 323, 504, 506 IPC and Section 3(1)(X) of SC/ST Act, Police Station Fatehgarh Kotwali, District Farrukhabad.
As per the allegations made in the FIR, it is alleged that on 20.03.2018 at about 8:30 PM, the appellants forcibly entered in the house of the victim and abused him with the name of his caste with an intention to humiliate and intimidate him in public view and also assaulted him by lathi-danda, due to which, he suffered injuries on his person and has been medically examined.
Learned counsel for the appellants has 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 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the appellants and as such, impugned cognizance 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 NBW and charge-sheet 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 :- 26.9.2019 Nadim