Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge sheet No. A-215 of 2020 dated 26.4.2020 and cognizance order dated 26.2.2021 as well as entire criminal proceedings of Case No. 2535 of 2021 (State Vs. Rishikant Keshari and others) arising out of Case Crime No. 99 of 2020, under Sections 452, 323, 504 IPC, P.S. Robertsganj, District- Sonbhadra, pending in the court of Chief Judicial Magistrate, Sonbhadra.
As per the allegations made in the first information report, it is alleged that on 6.2.2020 at about 7 a.m., the applicants armed with lathi, danda, forcibly entered in the house of the victim and assaulted the victim and threatened him of life. On account of assault made by the applicants, victim Kamlakant suffered injuries on his person and has been medically examined.
Learned counsel for the applicants has submitted that the said proceeding has been maliciously instituted and civil dispute over the property in question is pending between the parties and as such, they have been falsely implicated in the present case.
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 expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 26.8.2021 KU