Court No. - 11
Case :- APPLICATION U/S 482 No. - 42861 of 2018
Applicant :- Munna Rajbhar And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ramesh Kumar Singh,Ajay Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri Kamlesh Sharma, Advocate on behalf of opposite party no.2 is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to set aside the order dated 1.10.2018 passed by the Additional Chief Judicial Magistrate, Ghazipur whereby discharge application moved under Section 239 CrPC for the offence under Sections 147, 148, 149, 323, 504, 506, 452, 308, 325 IPC, P.S. Kasimabad, District Ghazipur in criminal case no.
1051 of 2018, case crime no. 39 of 2018, has been rejected.
It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. It is next contended that the Court below without applying judicial mind has rejected the discharge application moved by the applicants.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, 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 only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. Further, the Court below has also considered the matter in detail. Hence, prayer made in the application is refused.
However, it is observed that in case the applicants surrender before the court below within 30 days from today and apply for bail, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the Court below.
With the aforesaid observations, the application stands disposed of.
Order Date :- 30.11.2018/safi