Court No. - 82
Case :- APPLICATION U/S 482 No. - 15016 of 2021 Applicant :- Rahul Kumar Kushwaha And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.,Imtiyaj Ali,Murtuza Ali
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the applicants, the learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding in Criminal Case No.2127 of 2021 C.N.R. No. U.P.Deo 400263 of 2021 along with Cognizance and summoning order dated 05.02.2021, N.B.W. order dated 05.03.2021 as well as charge sheet dated 27.12.2020 and F.I.R./Case Crime No.0131 of 2020, under Sections 147, 323, 308, 452, 427, 504, 506 I.P.C., Police Station Baghauch Ghat District Deoria, pending in the Court of Additional Chief Judicial Magistrate Court No.19, Deoria.
Learned counsel for the applicants has submitted that the charge-sheet has been filed against the applicants without there being any evidence whatsoever against the them.
It has further been submitted by learned counsel for the applicants that pendency of the instant criminal proceedings against the applicants is nothing but the abuse of the process of Court and, therefore, the impugned criminal proceedings be quashed. However, after arguing at some length, learned counsel for applicants also submits that grievance of applicant would be sufficiently met in case bail application of applicant is considered expeditiously in accordance with law.
Learned Additional Government Advocate, however, controverts the submissions of learned counsel for applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings 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 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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283, Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 and Inder Mohan Goswami Vs. State of Uttaranchal (2007) 12 SCC 1.
Therefore, keeping in view the aforesaid facts and circumstances of the present case, the prayer for quashing the criminal proceedings lacks merit and deserves to be declined.
However, it is provided that if the applicants appear before the court below and apply for bail, the Court below shall consider and decide the same with expedition, in accordance with the settled law.
With the aforesaid, the application is finally disposed of. Order Date :- 29.10.2021 A.Dewal