Court No. - 40
Case :- APPLICATION U/S 482 No. - 22009 of 2019 Applicant :- Rohtash And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manmohan Sachdeva,Ramanuj 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 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No. 222 of 2019 (State of U.P. Vs. Rohtash and others) as well as impugned charge-sheet dated 24.01.2019 and cogizance order dated 15.03.2019, arising out of Case Crime No.
264 of 2018, under Sections 323, 324, 325, 308, 452, 504 IPC, Police Station Dadon, Distrcit Aligarh, pending before the court of learned Judicial Magistrate Ist, Aligarh.
As per the allegations made in the FIR, it is alleged that on 24.11.2018 at about 9:00 AM, the applicants entered in the house of the first informant and assaulted the victims by lathi and danda, due to which they have suffered injuries on their persons. The police after investigation submitted the charge-sheet against the applicants, on which, cognizance has been taken by the Magistrate and the applicants have been summoned to face trial.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view 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 prayer for set aside the entire proceedings is refused.
However, it is directed that if the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided in accordance with law as expeditiously as possible.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 Nadim