Court No. - 38
Case :- APPLICATION U/S 482 No. - 16455 of 2019 Applicant :- Sharafat And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Aslam Khan Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 12.3.2019 passed by Judicial Magistrate, Ist Saharanpur in Case No. 990 of 2019, (State vs. Sharafat and others), under Sections 452, 504 IPC, Police Station Rampur Maniharan, District Saharanpur whereby the discharge application filed by the accused-applicant has been dismissed by the learned Magistrate.
Heard Sri Mohd. Aslam Khan, learned counsel for the applicants and learned AGA for the State.
Learned counsel for the applicants has submitted that the applicants are innocent and they are falsely been implicated.The F.I.R. of the instant case was lodged after a delay of 22 days as a counter blast of a case lodged by the the accused-applicant against the husband of opposite party no. 2. It has further been mentioned that at the time of occurrence, the applicants were not present at spot. The Judicial Magistrate has not applied his mind and without considering the documentary evidence rejected the discharge application of the applicants.
Learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant submitting that the arguments which were advanced by the learned counsel is of question of facts which cannot be adjudicated at this stage, only prima- facie cases are to be seen.
From perusal of material on record it transpires that the opposite party no. 2 had filed an application under Section 156(3) before A.C.J.M, Ist Saharanpur with the allegation that on 20.6.2016 at 2:30 pm, accused-applicants armed with sword, lathi and rod trespassed in her house and said that they will kill her husband, Mursaleen. All the applicants dragged her forcefully from her house and made her half naked. After her medical examination, she made an application to S.P., Saharanpur but no action was taken. On the direction of learned Magistrate, F.I.R. under Sections 452, 354-B and 504 IPC was lodged against the accused-applicants and after investigation, a charge-sheet was filed under 452 and 504 IPC.
An application under Section 482 No. 2295 of 2019 (Sharafat and 3 others vs. Sate of U.P. and Another) filed by the applicants wherein a direction by the co-ordinate Bench of this Court was issued that if the applicants move an application for discharge through counsel within a period of four weeks, the same shall be decided on merit by the court below. In compliance of the said order, applicants had filed an application for their discharge before the concerned Magistrate and the learned Magistrate after considering the facts and materials as well as medical report of the injured found prima-facie sufficient material for an offence under Section 452 and 504 IPC against the accused-applicants and rejected the discharge application.
It is settled principle of law that at the time of considering the application filed for the discharge of an accused as well as framing of charge, only prima-facie case is required to be seen. The magistrate can discharge any accused in exercise of power under Section 239 Cr.P.C. whereby he finds that charge against the accused is to be groundless. No detailed discussion of material or meticulous consideration of facts is required at this stage.
In State (NCT of Delhi) vs. Shiv Kumar Yadav (2016) 1 SCC (Crl.) 510, it has been held by the Apex Court that 'the power of judicial superintendence under Article 227 or under Section 482 Cr.P.C. has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court'.
From perusal of impugned order, it transpires that learned Magistrate has elaborately discussed the prima-facie fact and material of the case, there is no illegality or infirmity in the impugned order. No interference is required at this stage.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 29.4.2019 Saurabh