Court No. - 71
Case :- APPLICATION U/S 482 No. - 29248 of 2019 Applicant :- Shiv Ji Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Achyut Jee Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, 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 summoning order dated 22.05.2019 in Complaint Case No.05 of 2017 (Saral Ram Vs. Shiv Ji Singh), under Sections 323, 504, 506 IPC and Section 3(1)(Da) of SC/ST Act, Police Station Sukhpura, District Ballia.
As per the allegations made in the complaint, it is alleged that on 02.07.2016 at about 10:00 AM, the applicant along with five unknown persons forcibly entered in the field of the complainant and tried to forcibly cultivate the land, on which, paddy crop was sown and when the complainant asked them to refrain from doing the illegal act, he was abused with the name of his caste with an intention to humiliate and intimidate him in public view and also assaulted him and forcibly got his thumb impression on a plain paper.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicant 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 complaint and the material collected during the course of enquriy, prima facie offence is clearly made out against the applicant and as such, impugned summoning order 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 summoning order is therefore refused.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his 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 :- 30.7.2019 Nadim