Court No. - 48
Case :- APPLICATION U/S 482 No. - 1833 of 2019 Applicant :- Purushottam Yadav And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings as well as charge sheet No. 95 of 2017 dated 24.9.2017 and the cognizance order dated 26.11.2018 passed by Additional Chief Judicial Magistrate, Court No. 7, Allahabad in Criminal Case No. 2921 of 2018 (State of U.P. Vs. Purushottam Yadav and others) arising out of Case Crime No. 165 of 2017, under Sections 323, 504, 325 IPC Police Station Saraimamerj, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Allahabad.
It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
Initially in this matter one NCR was filed for the offence under Sections 323, 504 IPC and the matter was investigated on the basis of order passed by the concerned Magistrate and on the basis of medical evidence charge sheet was submitted for the offence under Section 323, 504, 325 IPC. Cognizance was taken on 26.11.2018. All the plea taken by the applicant in this application require evidence which can only be done during trial.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by 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 prayer made in the application is refused.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 29.1.2019 Nadeem Ahmad