Court No. - 40
Case :- APPLICATION U/S 482 No. - 22146 of 2019
Applicant :- Rahul And 2 Others
Opposite Party :- State Of U.P. And Anothera
Counsel for Applicant :- Shiv Sharan Tripathi,Ashutosh Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of criminal case no. 2614 of 2018, State Vs. Devendra and others as well as the charge sheet dated 27.1.2018, under section 452, 323, 324, 336 P.S. Chandaush, District Aligarh, pending in the court of Judicial Magistate-II, Aligrh.
Learned counsel for the applicant submits that s per the allegations made in the F.I.R on 25.7.2015 the applicants entered into the house of the complainant and assaulted the victims consequent to which three persons, Jitendra, Vinod and Hari Om are said to have suffered injuries. The police after completing the investigation submitted the charge sheet against the applicants on which the magistrate has taken cognizance on 2.7.2018.
Learned counsel for the applicants has next submitted that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
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 applicants. 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.
P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire proceedings and charge sheet are refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 R