Court No. - 49
Case :- APPLICATION U/S 482 No. - 9809 of 2018
Applicant :- Pawan Kumar Shukla
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW dated 21.09.2017 issued by the learned Chief Judicial Magistrate, District- Chitrakoot in Case No. 290/IX of 2015 (State Vs. Achchhe Lal Yadav and others), arising out of Case Crime No. 392 of 2014, under Sections- 379, 411 I.P.C. and Section 3 of Prevention of Damages to Public Property Act and Section 4/21 of Mines and Minerals Act, Police Station- Karwi, District- Chitrakoot.
Earlier, the applicant had filed an Application U/S 482 No. 23441 of 2016, which was disposed of on 09.08.2016 by the following order:
"This application u/s 482 Cr.P.C. has been filed seeking the quashing of the proceeding of Criminal Case No. 290/IX of 2015, State vs. Achchhe Lal, under Sections 379, 411 I.P.C., Section 3 Prevention of Damages to Public Property Act and Section 4/21 Mines and Mineral Act, P.S.- Karwi, District- Chitrakoot pending in the court of C.J.M., Chitrakoot as well as the charge sheet dated 26.6.2014.
Heard Sri Shyam Sunder Mishra, Advocate holding brief of Sri Rajiv Dwivedi, the applicant's counsel and learned AGA.
Entire record has been perused.
All the contentions raised by the applicant's counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.
The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.
Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.
The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.
Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.
The submissions made by the applicant's learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the F.I.R. and the material collected by the Investigating Officer on the basis of which the charge sheet has been submitted makes out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the charge sheet or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.
The prayer for quashing the same is refused as I do not see any abuse of the court's process either.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two months from today. The court below shall make an endeavour to decide the bail application keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations this application is finally disposed off."
Admittedly, the applicant did not apply for bail within two months from 09.08.2016. Presently, NBW has been issued against the applicant on 21.09.2017.
As to the reason for non-compliance of the order dated 09.08.2016, only this much has been stated in the affidavit in support of the present application that the applicant did not present himself before the court below.
In absence of any reason to justify why the applicant did not comply with the earlier order granted, by way of indulgence, no case is made out to warrant any interference.
The present application lacks merit and is accordingly dismissed.
Order Date :- 27.3.2018
A. Singh