Court No. - 71
Case :- CRIMINAL APPEAL DEFECTIVE No. - 772 of 2019 Appellant :- Ramanand Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Delay Condonation Application.
Heard learned counsel for the appellant.
The present criminal appeal has been filed with the delay of 198 days.
Cause shown in affidavit filed alongwith the delay condonation application is sufficient. Delay is condoned.
Delay Condonation Application is allowed.
Order on Criminal Appeal
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The present criminal appeal has been filed against the summoning order dated 29.8.2018 and non bailable warrant dated 27.5.2019 as well as entire criminal proceedings of S.S.T No. 355 of 2018 (State Vs. Rabish Yadav) arising out of Case Crime No. 280 of 2018, under Sections 323, 504, 506, 427 IPC and 3(1) (Da) (Dha) of SC/ST Act, P.S. Dhanghata, District- Sant Kabir Nagar.
As per the allegations made in the first information report, it is alleged that on 28.5.2018 at about 8:30 a.m., the appellant is said to have abused the victim with the name of his caste with an intention to humiliate and intimidate him on account of past enmity and also assaulted the victim by lathi, danda, due to which as many as three persons have suffered injuries on their person and have been medically examined.
Learned counsel for the appellant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the appellant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the appellant and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court. At this stage, only prima facie case is to be seen in the light 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the impugned orders is therefore refused.
However, it is directed that if the appellant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this appeal is finally disposed of.
Order Date :- 26.8.2019 KU