Court No. - 2
Case :- APPLICATION U/S 482 No. - 22642 of 2019
Applicant :- Rajesh And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Gaurav Maurya,Pankaj Kumar Kesharwani,Rahul Jain
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rahul Jain, learned counsel for the applicants and Sri V.K. Pandey, learned A.G.A. for the State.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the proceeding as well as summoning order dated 05.04.2019 passed in Case No. 358 of 2019, State Vs Vinod Bhartiya Chaudhary and Others arising out of Case Crime No. 0245 of 2018 under Sections 147, 148, 332, 353, 341, 336, 507 of Indian Penal Code and Section 7 of Unlawful Activity Prevention Act, 1967 at P.S. Ghurpur, District Allahabad.
The contention of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated; the incident had taken place on 14.04.2018 wherein a person had succumbed to injuries which had led to traffic jam but applicants have no connection with the same; they were merely present there and could not make their escape good. The accused-applicants have no criminal history hence, charge-sheet needs to be quashed. Learned counsel for the applicants further stated that if proceedings are allowed to continue, that would amount to an abuse of process of court.
Learned A.G.A. has opposed the prayer for quashing.
As per F.I.R. O.P. No.2 who is S.I. has lodged the F.I.R. stating therein that he went to the place of occurrence on account of death having taken place due to accident and lot of crowd was present there which was sought to be driven away and in that process, the police party was attacked and abused and the obstruction was made in their working. The police after investigation has filed charge-sheet against the applicants under Section 482 Cr.P.C. The evidence which has been gathered by the I.O. cannot be scrutinized in the proceedings under Section 482 Cr.P.C.
The arguments which are made by the learned counsel for the applicants are related to factual aspect which cannot be seen at this stage in the proceeding under Section 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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. For a period of 30 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 :- 14.6.2019
A. Mandhani