Court No. - 75
Case :- APPLICATION U/S 482 No. - 43871 of 2018 Applicant :- Ram Naresh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikram Singh Counsel for Opposite Party :- G.A.,Ajendra Kumar,Rajendra Singh Yadav,Sushil Kumar Pandey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the summoning order dated 25.08.2018 as well as the entire proceedings of Complaint Case No.161 of 2017, under Sections 392, 504, 323, I.P.C., P.S. Rasoolpur, District Firozabad, pending in the court of IIIrd Additional Sessions Judge (Dacoity Affected Area), Firozabad.
As per the allegations made in the complaint and the statement of the witnesses recorded under Sections 200 and 202 CrPC., it is alleged that on 07.10.2017 at about 9:30 A.M., the applicants abused the victim and assaulted him and had forcibly looted cash money and a mobile phone.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicants and as such, summoning order as well as entire proceedings cannot be quashed.
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 submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view 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 prayer for quashing the summoning order as well as entire proceedings is refused.
However, it is directed that if the applicants appear and surrender before the court below within forty five days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of forty five days from today or till the applicants surrender and apply for 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 under Section 482 CrPC is finally disposed of.
Order Date :- 26.11.2019 Zafar