Court No. - 15
Case :- APPLICATION U/S 482 No. - 27253 of 2018
Applicant :- Ramchandar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Vivek Kumar Singh, learned counsel for the applicants and Sri Prashant Kumar, learned A.G.A. for the State are present.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 08.03.2018 passed by learned Judicial Magistrate-II, Court No. 18, Jaunpur as well as the entire proceeding of Criminal Complaint Case No. 9894 of 2017, Kamla Prasad Vs. Ramchandar & others) by which applicants are summoned under Sections 323, 504 and 452 I.P.C., P.S. Meerganj, District Jaunpur pending in the Court of Judicial Magistrate-II, Court No.18, Jaunpur.
Learned counsel for the applicants has contended that the present case has been lodged against the accused applicants as a counter-blast to the case filed by the accused applicant No.3 against O.P. No.2 being N.C.R. No. 34 of 2017 under Sections 323 and 504 I.P.C. in which accused-applicant No. 3 had received injuries also; injury memo is annexed at page No. 37. Learned counsel for the applicants further stated that if proceedings are allowed to continue, that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing.
According to the complaint, on 08.04.2017, accused applicants are alleged to have beaten O.P. No.2 after entering the house in regard to which statement of the complainant and two witnesses have been recorded by the lower court on the basis of which, said order has been passed. These statements cannot be disbelieved at this stage in proceedings under Section 482 Cr.P.C. as that would require 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 applicants. 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 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 :- 6.9.2018
A. Mandhani