Court No. - 80
Case :- APPLICATION U/S 482 No. - 13850 of 2021 Applicant :- Pramod Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Charan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 231 of 2020 dated 16.10.2020 and cognizance order dated 4.12.2020 as well as entire criminal proceedings of Case No. 1552 of 2020 (State Vs. Chandrabhan @ Bhanu and others) arising out of Case Crime No. 212 of 2020, under Sections 307, 411, 414, 419, 420, 467, 468, 471, 120-B IPC, P.S. Shahganj, District- Jaunpur, pending in the court of Addl. Chief Judicial Magistrate-II, Jaunpur.
As per the allegation made in the first information report, it is alleged that the applicant has organized a gang indulging in committing of theft and on 12.9.2020 at about 11:30 p.m., the applicant was arrested by the police alongwith five others who are said to have opened fire upon the police party, however they were somehow apprehended by the police and a mobile phone is shown to have been recovered from the possession of the applicant.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
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 applicant. 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 prima facie case is to be seen in the light of the law laid down by the 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. The disputed defence of the accused cannot be considered at this stage.
Moreover, the applicant had already been directed to be released on bail and he has got right of discharge under Sections 239, 245 or 227 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the submission in the said discharge application before the trial court.
At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.
The prayer for quashing the charge sheet as well as entire proceedings of the aforementioned case is refused.
However, it is directed that in case the applicant file an application for discharge, the same be considered and disposed of expeditiously in accordance with law.
With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 16.9.2021 KU