Court No. - 48
Case :- APPLICATION U/S 482 No. - 28301 of 2019 Applicant :- Sheet Singh Alias Chhotu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prabhu Narain Srivastava,Suresh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present 482 Cr.P.C. application has been filed by the applicants for quashing the entire proceedings of complaint case no. 9001/2017, under Sections 323, 504, 506, 452, 427 I.P.C., Police Station Chunar, District Mirzapur pending before the concerned court below as well as summoning order dated 17.01.2019 passed in the aforesaid case.
The contention of the counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. Further contention is that the dispute between the parties is of civil in nature and that no criminal offence is made out against the applicants. It was pointed out that applicant no. 1 has filed an application before the S.D.M., Mirzapur regarding demarcation of his land and that concerned Lekhpal has given a report stating that the land of the applicant is less than from the entry of revenue record. It is next argued that the impugned complaint has been filed as a counter blast of the alleged dispute of land. It was submitted that the impugned summoning order has been passed in a mechanical manner without examining the matter of the case.
Learned A.G.A. has opposed the application and argued that the incident of alleged land dispute has been shown of the period after the incident in question. It was submitted that prima facie a case is made out against the applicant.
From the perusal of the material on record and looking into the fact of the case at this stage, it cannot be said that prima facie no case is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in jurisdiction of Section 482 Cr. P.C. It is well settled that at this stage only prime case is to be seen.
Considering the law laid down by Apex Court in the case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283, material on record and considering the submissions of learned counsel for the applicant, no case for quashing of the proceeding is made out.
The prayer, as made above, is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below and apply for bail, their prayer for bail shall be considered and decided expeditiously on its own merits 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 and judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 26.7.2019 Anand