Heard learned counsel for the applicants/petitioners, learned A.G.A. for the State and perused the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 21.08.2020, passed by Chief Judicial Magistrate, Shrawasti in Case No. 6067 of 2020 (State Vs. Roj Ali and others). A further prayer for quashing of the Charge-sheet No.A73/2020, dated 13.05.2020, relating to Case Crime No.95/2020 under Section 308, 504, 506, 34 IPC, Police Station Ikauna, District Shrawasti, pending in the Court of Chief Judicial Magistrate, Shrawasti has also been made.
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 relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in 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 lastly 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.
No case for quashing of the charge sheet or summoning order is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicants/petitioners has submitted that applicants/petitioners want to surrender before the court below, therefore, a direction to subordinate court be given for expeditious disposal of bail application of the applicants/petitioners.
In view of the aforesaid, it is directed that if applicants/petitioners move surrender application within 15 days from today before the Magistrate concerned, the bail application shall be decided expeditiously, in accordance with law.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 8.2.2021 ML/-