Court No. - 71
Case :- APPLICATION U/S 482 No. - 29051 of 2019 Applicant :- Ramesh Yadav And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girdhar Prasad Tripathi 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.
This application under Section 482 Cr.P.C has been filed by the applicants with the prayer to quash the Charge Sheet dated 19.03.2019 as well as entire criminal proceedings of S.S.T. No. 214/2019 (State Vs. Ramesh Yadav & Ors.) arising out of Case Crime No. 34/2019 under Sections 323, 504 I.P.C. and 3(1)(d) SC/ST Act, PS- Nagra, District: Balia pending in the court of IInd Addl. Sessions Judge, Balia.
As per the allegations made in the FIR, it is alleged that on 24.2.2019 at about 6:00 pm., the first informant had gone to Sujanpur Chatti, where applicants met him and when he asked them to pay the due amount of Rs. 5,000/- then the applicants abused the victim with the name of his caste with an intention to humiliate and intimidate him and assaulted with the iron pipe due to which the victim suffered injuries and have been medically examined.
Learned counsel for the applicants has submitted that in respect of the incident cross case has also been registered from his side in which the applicants also suffered injuries and has been medically examined.
Learned counsel for the applicants has next 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 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 applicants 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 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 as well as 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 after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 26.7.2019 Neetu