Court No. - 71
Case :- APPLICATION U/S 482 No. - 32919 of 2019 Applicant :- Rajendra Prasad And 4 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the appellant today in Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the Charge- Sheet dated 17.07.2017 as well as entire proceedings of Case No.381 of 2018 (State Vs. Rajendra Prasad and others), arising out of Case Crime No.323 of 2017, under Sections 147, 323, 506 IPC and Section 3(2)(5)(Ka) of SC/ST Act, Police Station Manjhanpur, District Kaushambi.
As per the allegations made in the FIR, it is alleged that on 20.05.2017, the applicants abused the victim Raj Kumar with the name of his caste with an intention to humiliate and intimidate him and also assaulted him and when his mother came to his rescue, then she was also assaulted by kicks and fists and thereafter, applicants left the place of incident threatening them of life. On account of assault made by the applicants, victim Raj Kumar and his mother Sushila Devi suffered injuries on their person and have been medically examined.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, impugned charge-sheet cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the charge-sheet and entire proceedings is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 30.9.2019 Nadim