Court No. - 53
Case :- APPLICATION U/S 482 No. - 19020 of 2018 Applicant :- Rana Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Hari Narayan Singh, learned counsel for the applicants and Sri Nitin Kesarwani along with Sri Abhinav Tripathi, learned A.G.A. for the State.
This application has been been filed to quash the entire proceedings of criminal case no. 3360 of 2016 (State Vs. Rana Singh and others) arising out of case crime no. 209 of 2013 under Section 354-A, 354-B I.P.C., Police Station - Gagha, District - Gorakhpur including charge sheet dated 29.12.2013 as well as non bailable warrant order dated 28.4.2018 issued by learned Additional Chief Judicial Magistrate/ Civil Judge (Senior Division)-I, Gorakhpur.
The submission is that applicant has falsely been implicated in this case on account of the fact that applicant no. 1 lodged an F.I.R. against the son of opposite party no. 2 and against other four accused on 12.8.2013 which was registered as case crime no. 191 of 2013 under Sections 323, 504, 506 I.P.C. Police Station -Gagha, District- Gorakhpur. In the said case a cross case has been filed and the submission of the learned counsel for the applicant is that the present prosecution has been brought to compel the applicant no. 1 to withdraw his case, which is an abuse of process of court.
Learned A.G.A. has opposed the motion to admit this application to hearing and submitted that the case is one under Section 354-A, 354- B,which is an offence affecting the safety and security of women.
After considering the arguments advanced by the rival parties' counsel, the impugned order along with all other material available on record, I find no infirmity, illegality, irregularity or jurisdictional error in the order impugned passed by the learned Magistrate. At this stage, it cannot be said that no offence is made out against the applicants. All the averments made on behalf of the applicants are related to disputed question of facts, which cannot be adjudicated upon by this Court under its extraordinary jurisdiction under Section 482 Cr.P.C. At this stage only prima facie case is to be seen and considered in the light of the law laid down by Supreme Court in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para- 10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. However, the applicants may raise all their submissions and objections before the trial Court at the stage of framing of charges by way of proper application.
Accordingly, the prayer for quashing the proceeding in the case as aforesaid is refused.
However, considering the entire facts and circumstances of the case, if the applicants appear/ surrender before the court below within a period of 45 days from today and apply for bail, their prayer for bail shall be considered and disposed of by the learned court below in accordance with the observations of the Full Bench of this Court in Amrawati and another Vs. State of UP, 2005 Cri. LJ 755, affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of UP, (2009) 4, SCC 437 and reiterated by the Division Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of UP and others, 2009 (65) ACC 781. If due to any reason the bail application is not disposed off same day, the applicants may be released on interim bail till disposal of the said application.
For a period of 45 days from today no coercive action shall be taken against the applicants.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid observations, the application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 28.5.2018 A. Pt. Singh