Court No. - 71
Case :- APPLICATION U/S 482 No. - 19576 of 2019 Applicant :- Nathu Ram And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the applicants today in Court, is taken on record.
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 summoning order dated 13.3.2019 as well as entire criminal proceedings of Complaint Case No.3/12 of 2018 in S.S.T. No. 47 of 2019 (Dhani Ram Vs. Nathu Ram and others), under Sections 452, 323, 506 IPC and 3(1) (10) of SC/ST Act, P.S. Mau Darwaja, District- Farrukhabad.
As per the allegations made in the complaint, it is alleged that on 5.2.2018 at about 4 pm, the applicants forcibly entered in the house of the opposite party no. 2 and abused him with the name of his caste and also assaulted him by opening fire.
Learned counsel for the applicants has raised the plea of alibi, however, the same can not be considered at this stage.
Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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 complaint and the material collected during the course of enquiry, 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 impugned summoning order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants 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 application under Section 482 CrPC is finally disposed of.
Order Date :- 30.7.2019 Neetu