Court No. - 49
Case :- APPLICATION U/S 482 No. - 1800 of 2019 Applicant :- Shishu Pal Singh And 2 Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rabindra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Rabindra Tiwari, learned counsel for the applicants and learned Additional Government Advocate and perused the record of the case.
By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing the charge sheet dated 22.10.2017 filed in Case No. 623 of 2018 (arising out of case crime No. 0232 of 2017), under Sections 147, 148, 149, 332, 353, 436, 307, 427 IPC and 7 Criminal Law Amendment Act, PS Sungadhi, district Pilibhit, pending in the court of CJM, Pilibhit.
Learned counsel for the applicants contends that the applicants have nothing to do with the alleged crime and in fact they were going to market to fetch certain items. He further contends that certain other persons were involved in stone pelting on the police party and the applicants have falsely been roped in the present case.
Per contra, learned AGA opposed the prayer of the applicants.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, which cannot be adjudicated upon by this court under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in 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.
The disputed defence of the accused also cannot be considered at this stage.
The prayer for quashing of the charge sheet is refused.
However, it is provided that if the applicants appear before the court concerned within one month from today and apply for bail, their prayer for bail shall be heard and disposed of as early as possible in accordance with law.
With the aforesaid observations, this application is disposed of.
Order Date :- 22.1.2019 Ishrat