Court No. - 49 Case :- APPLICATION U/S 482 No. - 42571 of 2018 Applicant :- Rajiv Kumar @ Daddau Singh And 18 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Rizwan Ahamad, learned counsel for the applicants and Sri Manoj Kumar Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No./ ST No. 198 of 2018 (State vs. Rajiv Prasad @ Daddau and others) arising out of Case Crime No. 989 of 2017, under Sections- 147, 323, 504, 506 I.P.C. and 3(1)D, 3(1)G, 3(2) VA, SC/ST Act, Police Station- Handia, District- Allahabad, pending in the court of Special Judge SC/ST Act, Allahabad.
Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The complainant lodged the F.I.R. against 22 named and 12 unknown persons. According to the learned counsel for the applicants no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purpose of causing harassment. Learned counsel for the applicant also submits that cognizance has been taken on 21.08.2018.
Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicants and there is no ground for quashing the entire criminal proceedings.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicants. In my view, the submissions made by learned counsel for applicants relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submissions made by learned counsel for the applicants are matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash entire criminal proceedings and the same is declined.
However, in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicants are directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 30 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 29.11.2018 A. Tripathi (V.P. Vaish, J.)