Court No. - 15
Case :- APPLICATION U/S 482 No. - 27207 of 2018
Applicant :- Ram Shankar Rathaur And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.K. Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Tripathi, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 29.5.2018 as well as entire proceeding in Complaint Case No. 505 of 2018 (Ashok Kumar Vs. Jagdish and others), under Sections 323, 504, 354 IPC, Police Station Roora, District Kanpur Dehat, pending in the court of Civil Judge, (S.D.) F.T.C./A.C.J.M., Kanpur Dehat.
It is contended by the learned counsel for the applicants that earlier Complaint Case No. 975 of 2015 (Ram Shankar Rathor Vs. Mool Chand and others) was filed by the accused- applicants against the opposite party no. 2 and his family members, in which four accused including the opposite party no. 2 were summoned under Section 323, 504, 452 and 506 IPC. As a counter blast to that case, the present case has been filed by the opposite party no. 2, in which the accused applicant no. 1 and his family members have been falsely implicated. As per the complaint, allegation is that the accused applicants are alleged to have beaten up the wife of opposite party no. 2 entering into her house. She was abused also, her blouse and Saree were torn. The said version is supported by the statements of complainant as well as other witnesses, which cannot be dis- believed at this stage, as it requires trial.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P.
Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 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
disposed of.
Order Date :- 5.9.2018
A.P. Pandey