Court No. - 40
Case :- APPLICATION U/S 482 No. - 22112 of 2019 Applicant :- Ram Tej And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shailendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No. 4162 of 2018 (State Vs. Ram Tej and others) arising out of Case Crime No. 0178 of 2018, under Sections 323, 504, 452, 506, 308 IPC, P.S. Parasrampur, District Basti pending in the court of A.C.J.M. - Ist, Court No.9, Basti.
As per the allegations made in the first information report, it is alleged that on 19.06.2018 at about 2.00 P.M., the applicants forcibly entered into the house of the first informant and assaulted the victims by LATHI, DANDA due to which first informant Bhairo Nath and Rajpati suffered serious injuries. On the basis of first information report, the police investigated the matter and submitted the charge sheet against the applicants under Sections 323, 504, 452, 506, 308 IPC and the learned Magistrate has taken cognizance on 24.09.2018.
From the allegations made in the first information report and the material collected during the course of investigation 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 is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty 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 thirty 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 is finally disposed of.
Order Date :- 3.6.2019 Atul