Court No. - 40
Case :- APPLICATION U/S 482 No. - 22025 of 2019 Applicant :- Shivbabu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Parmeshwar Yadav,Uttam Kumar 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 applicants with the prayer to quash the charge-sheet dated 30.04.2018, passed in Case No. 535 of 2019 (State Vs. Shivbabu and others), arising out of Case Crime No. 290 of 2017, under Sections 379, 511, 352, 504, 506 IPC, P.S. Utraon, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate 10th, Allahabad.
As per the allegations made in the FIR, it is alleged that on 28.08.2017, applicants had forcibly taken away the paddy crop and when the first informant asked them not to take away his crop, then they demanded a sum of Rs.1,00,000/- and abused him and assaulted him. The police after investigation submitted the charge- sheet against the applicants, on which, cognizance was taken by the Magistrate on 16.04.2019.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view 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 prayer for quashing the charge- sheet is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 Nadim