Court No. - 75
Case :- APPLICATION U/S 482 No. - 19270 of 2020 Applicant :- Roshan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge Sheet dated 22.1.2019 and cognizance order dated 18.9.2019 as well as entire criminal proceedings of Case No. 9748 of 2019 (State Vs. Roshan) arising out of Case Crime No. 349 of 2018, under Sections 376 and 506 IPC, P.S. Ghazipur, District- Fatehpur, pending in the court of Addl. Chief Judicial Magistrate, Court No. 10, Fatehpur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Perusal of the first information report as well as statement of the victim recorded u/s 164 Cr.P.C. shows that specific role of committing rape upon the victim by gagging her has been made.
Learned counsel for the applicant 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 applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 5.1.2021 KU