Court No. - 80
Case :- APPLICATION U/S 482 No. - 11325 of 2021 Applicant :- Ramdev Vishwakarma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed today in Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge- sheet dated 25.11.2019, cognizance order dated 18.03.2020 as well as entire proceedings of Case No. 8769 of 2020 (State Vs. Ramdev Vishwakarma and others), arising out of Case Crime No. 160 of 2020, under Sections 504, 506, 323 IPC, Police Station Swarup Nagar, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-Ist, Kanpur Nagar.
As per the allegations made in the FIR, it is alleged that marriage of opposite party no.2 Pooja Sharma was settled with Vimal Sharma, however subsequently, Vimal Sharma has refused to solemnize the marriage. It is further alleged that on 30.07.2018 at about 9:00 PM, the applicants Ramdev Vishwakarma and Virendra Sharma dragged the opposite party no.2 in a car and assaulted her and administer poison to her, on account of which, opposite party no.2 got unconscious and was given medical treatment. The applicants also extended death threats to her.
Learned counsel for the applicants 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 applicants and the present criminal case has been instituted with a malafide intention for the purpose 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 applicants and as such, charge-sheet, cognizance order and 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 under Section 482 CrPC. 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 charge-sheet, cognizance order and entire proceedings is therefore refused.
However, it is directed that if the applicants appear/ surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 25.10.2021 Nadim