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 applicant with the prayer to quash the charge sheet No. 115/13 dated 11.11.2013 as well as entire criminal proceedings of Case No. 100653 of 2018 (State Vs. Mool Chandra and others) arising out of Case Crime No. 206 of 2013, under Sections 147, 148, 323, 504, 506, 332, 353 IPC, P.S. Thariyaon, District- Fatehpur, pending in the court of Judicial Magistrate, Fatehpur.
As per the allegations made in the first information report, it is alleged that on 21.8.2013 at about 10:30 p.m., the police party reached at the place of incident, where some scuffle was going on between the parties and in the meantime one Mool Chand reached there and started abusing the police party and thereafter police arrested said Mool Chand and while he was being taken to the police station, the applicants armed with lathi, danda got him released and threatened the police party and deterred the public servant in discharging their official duties.
Learned counsel for the applicants 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 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings 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 charge sheet is therefore refused.
The application u/s 482 Cr.P.C. is dismissed.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered expeditiously in accordance with law.
Order Date :- 24.8.2021 KU