Court No. - 64
Case :- APPLICATION U/S 482 No. - 46861 of 2019
Applicant :- Raj Kumar Yadav And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet No. 26 of 2019 dated 31.1.2019 in criminal case No. 1828 of 2019 (State Vs. Raj Kumar Yadav and others), under Sections 147, 352, 447 IPC, police station Madhiyahun, District Jaunpur, pending in the court of Addition Chief Judicial Magistrate- Ist, Jaunpur.
The contention of the counsel for the applicants is that offence under section 447 IPC is not made out against the applicant because it is a prerequisite condition to give notice under Section 4(i) of U.P. Amendment Act. It is further submitted that a civil dispute is pending between the parties before the court below and charge sheet submitted by the Investigating Officer without appreciating the real facts with a malafide intention for the purposes of harassment. He pointed out certain documents and statements 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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within 15 days from today and apply for bail, then the bail application of the applicant be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 15 days from today or till the disposal of the application for grant of 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 :- 18.12.2019 Ankita