Court No. - 71
Case :- APPLICATION U/S 482 No. - 35748 of 2019 Applicant :- Savitri And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Manoj Kumar Yadav 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 applicant with the prayer to quash the Charge Sheet No. A94 of 2019 dated 21.6.2019 as well as entire criminal proceedings of Case No. 139 of 2019 (State Vs. Virendra and others) arising out of Case Crime No. 0066 of 2018, under Sections 366, 120- B IPC and 3(2) (Va) of SC/ST Act, P.S. Sigramau, District- Jaunpur, pending in the court of Addl. Sessions Judge/Special Judge, SC/ST Act, Jaunpur.
As per the allegations made in the first information report, it is alleged that the applicants illegally enticed the victim's daughter and co-accused Virendra Kumar forcibly married her. During the course of investigation, the statement of victim has been recorded under Section 164 Cr.P.C. in which it is alleged that on 30.8.2018 the applicants had enticed away the victim and taken her at the house of Phool Chandra, who gave her some intoxicating substance, on account of which she became unconscious and when she regained consciousness she found herself at Haripur. She has further stated that she has not willingly married Phool Chandra.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the statement of the victim recorded under Section 164 Cr.P.C. 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 and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 25.9.2019 KU