Court No. - 1
Case :- APPLICATION U/S 482 No. - 24810 of 2018
Applicant :- Ranjeet Singh
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Hemendra Pratap Singh, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of complaint case no. 88 of 2018 (Versha Sharma Vs. Raman Kumar), registered as crime no. 447 of 2017, under Section 323, 307, 504 and 506 IPC, P.S. T.P. Nagar, District Meerut pending in the court of A.C.J.M, Court No. 8 as well as impugned summoning order dated 18.4.2018 passed by the learned A.C.J.M., Court No. 8, Meerut.
Learned counsel for the applicant has stated that a false F.I.R. was lodged by the opposite party no. 2 against the applicant, whereon, when investigation was conducted, twice final report were submitted but, thereafter, on protest petition being filed, the accused applicant has been summoned under the aforementioned Sections erroneously as no such injuries are found to have been caused, which travelled to 307 Cr.P.C. All the injuries are found simple in nature by the doctor as is evident from the perusal of the medical report and X-ray. This is nothing but a malicious prosecution. An amount of Rs. 60,00,000/- is already due from the husband of the opposite party no. 2 and only to avoid making such payment, this case has been slapped against the applicant.
Learned A.G.A. has vehemently opposed the prayer for quashing the entire proceedings as well summoning order.
Perused the summoning order. From its perusal, it is apparent that injured has sustained injuries, which are caused by the blunt as well as sharp weapons. The statements of the injured as well as other eye-witnesses had supported the version of the prosecution.
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 applicant. 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 the proceedings is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 applicant does 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 :- 27.7.2018
A.P. Pandey