Court No. - 15
Case :- APPLICATION U/S 482 No. - 27120 of 2018 Applicant :- Sanjeev Kumar@Sanju And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Srivastava, learned counsel for the applicants and Sri M.P. Singh Gaur, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been moved seeking the quashing of entire criminal proceedings against the impugned summoning order dated 20.08.2016 passed by Judicial Magistrate-I, Fatehabad, District Agra in complaint case No.1256 of 2016 under Sections 323, 452, 354, 354-B, 504 and 506 I.P.C. P.S. Pidaura, District Agra pending in the Court of Judicial Magistrate-I, Fatehabad, Agra as well as order dated 18.6.2018 passed by Additional Session Judge, Court no.12, Agra, in Criminal Revision no. 336 of 2017, Sanjeev Kumar & Another Vs. State of U.P. whereby the revision has been dismissed.
Learned counsel for the accused applicants stated that accused applicants are real brothers who have been falsely implicated by O.P. No.2 because there was a dispute of hand-pump.
Learned A.G.A. has vehemently opposed the prayer for quashing.
The allegation in the present complaint is that both the accused applicants had entered the house of the O.P. No.2 and molested her. In support of this allegation, the statement of O.P. No.2 & two other witnesses recorded by the trial court cannot be disbelieved at this stage as it would require trial.
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 applicants. 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 applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants do 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 :- 5.9.2018 A. Mandhani