Heard learned counsel for the applicants and the learned AGA for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings of Criminal Case No. 1237 of 2006 under Section 323 and 504 IPC, PS Bhelupura, District Varanasi pending in the court of the Additional Chief Judicial Magistrate-II, Varanasi. It is contended by learned counsel for the applicants that it purely a case of civil nature which has been dragged into criminal prosecution at the behest of the opposite party no. 2.
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 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 right of discharge under Section 239 or 227/228 Cr.P.C. as the case may through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the proceedings is refused.
However, since all the charged Sections are bailable, it is directed that the applicants shall appear before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible, in accordance with law, if possible on same day by the Court below, after hearing the Public Prosecutor. 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 dispose off. Order Date :- 2.2.2010 shailesh