Court No. - 49
Case :- APPLICATION U/S 482 No. - 39613 of 2018 Applicant :- Natthu Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Sri R.K.S. Parmar, learned counsel for the applicants and Sri Manoj Kumar Singh, learned AGA for the State are present.
This is an application under Section 482 of Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.") seeking quashing of entire proceeding and charge-sheet dated 21.6.2017 as well as cognizance order dated 7.4.2018 in Case No. 698 of 2018 arising out of Case Crime No.718 of 2016 (State Vs. Natthu Singh and others), under Sections 498A, 506 IPC and 3/4 D.P. Act, Police Station Jaitipur, District Shahjahanpur, pending in court of learned Judicial Magistrate, Tilhar, Shahjahanpur.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and no offence is disclosed in the charge-sheet. He also submits that the applicant no.1 is husband of the complainant, applicant no.2 is the step father of the applicant no.1, applicant no.3 is the mother of the applicant no.1 and applicant no.4 is the unmarried sister of the applicant no.1. All the applicants have been falsely implicated in the present case with malafide intention to cause harassment. He also submits that the applicant no.1 has been released on bail by trial court (same is mentioned in paragraph 15 of the application).
Learned counsel for the applicants further submits that the applicants are ready to settle the matter and the matter may be referred to the mediation centre.
Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicants and there is no ground for quashing the charge-sheet dated 21.6.2017.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicants. In my view, the submissions made by learned counsel for applicants relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submissions made by learned counsel for the applicants are matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash the entire proceeding of the aforesaid case and charge-sheet dated 21.6.2017 and the same is declined.
However, in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicants are directed to appear and surrender before the learned court concerned within 15 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 15 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
The submission made by learned counsel for the applicants that the matter may be referred to the mediation centre will be considered by learned trial court after the applicants appear before the trial court.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 27.11.2018 Vivek Kr.