Court No. - 49
Case :- APPLICATION U/S 482 No. - 29913 of 2018
Applicant :- Pravendra Singh And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashutosh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit containing the injury report of the victim has been filed today, is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Case No. 6632 of 2018 (State Vs. Pravendra Singh and others), arising out of NCR No. 11 of 2017, under Sections 323, 504, 506 IPC, Police Station Bilari, District Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.1, District Moradabad.
4. Learned counsel for the applicants submits that the basic ingredient of offence alleged under Section 506 IPC is not made out in view of the statement of the first informant. At present, the argument advanced by learned counsel for the applicant are factual in nature and would require appraisal of evidence
5. 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 Supreme Court in 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.
6. The prayer for quashing the entire proceeding of the aforesaid case is refused.
7. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
8. With the aforesaid directions, this application is finally
disposed of.
9. Further, it shall remain open to the applicant to seek discharge after being enlarged on bail, which application may be decided on its own merits without being prejudiced made in this order.
Order Date :- 13.9.2018 Mini