Court No. - 80
Case :- APPLICATION U/S 482 No. - 10453 of 2021 Applicant :- Ramchandra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, Shri Narendra Kumar Tiwari, learned counsel for O.P. No.2 and learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 11.1.2021 of case crime no. 769 of 2020, under section 332, 353, 506, 308 I.P.C. P.S. Kotwali, District Fatehpur pending in the court of C.J.M. Fatehpur.
As per the allegations made in the F.I.R. it is alleged that on 10.11.2020, the victim Arun Kumar had gone at the residence of applicants for recording the Meter Reading and also asked them to furnish documents regarding electricity connection, however, the applicants instead of furnishing requisite documents of electricity connection assaulted the victim Arun Kumar by kicks and fists causing injuries on his neck and face and on account of assault he had fallen unconscious.
Learned counsel for the applicants has submitted that the applicants had also lodged a complaint before the competent magistrate against Arun Kumar (injured) which is being enquired into by the magistrate and in the back drop of said circumstance they have been falsely implicated.
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 pointed out certain documents in support of his contention. Learned counsel for applicants has further submitted that they have already been released on bail.
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 only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the charge sheet is refused.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 16.8.2021 R