Court No. - 78
Case :- APPLICATION U/S 482 No. - 9497 of 2021 Applicant :- Rakesh @ Rajesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of Complaint Case No. 47 of 2019 (Suman Devi Vs Rakesh Singh @ Rajesh Singh and others) under Sections 354, 504, 506 IPC and Section 3(1) Da and 391) Dha and 3(2) 5 Ka SC/ST Act, Fatehpur as well as the summoning order dated 30.11.2019 passed by learned Special Judge SC/ST Act, Fatehpur, pending in the court of the Special Judge SC/ST Act.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.
From the perusal of 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 applicant. 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 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 applicant has got a right of discharge under Section 245 Cr.P.C. 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 including those which have been canvassed by him before this Court in this application.
The submissions made by learned A.G.A. have force.
Accordingly the prayer for quashing the proceedings of the aforementioned case is refused. However, it is provided that if the applicant appears and surrenders before the court below within two months from today and applies for bail, his prayer for bail shall 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 two months 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 applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 20.5.2021/RavindraKSingh Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.20 17:19:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad