Court No. - 49
Case :- APPLICATION U/S 482 No. - 1824 of 2019 Applicant :- Naipal Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
By means of this application under section 482 Cr.P.C., the applicants have prayed for quashing the charge sheet dated 09.05.2018 as well as the entire proceedings of Case No. 2672 of 2018 (State vs Yash Pal Singh and others) arising out of Case Crime No. 45 of 2018, under sections 308, 323, 325, 504 IPC, PS Iradatnagar, District Agra pending in the court of learned Additional Chief Judicial Magistrate-13th, Agra.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates 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 the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing of the proceedings and the charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within a period of 30 days from today and apply for bail, then their prayer for bail shall be considered in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.1.2019 Sazia