Court No. - 71
Case :- APPLICATION U/S 482 No. - 28998 of 2019 Applicant :- Shrawan Kumar And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Abhishek Kumar Chaubey 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 summoning order dated 01.07.2019 and the entire proceedings of Case No. 71 of 2018 (Sukhraj Vs. Shrawan Kumar and others), under Sections 323, 504, 506, 452, 392 IPC and Section 3(2)(5Ka) of SC/ST Act, Police Station Chopan, District Sonbhadra.
As per the allegations made in the complaint, it is alleged that on 10.07.2018, the applicants with an intention to dupe the first informant, had withdrawn an amount of Rs.11,500/- from her bank account and had handed over to her, however, when she reached near the exit gate of the bank, she was stopped by the applicants, who snatched away the money from her and on raising alarm, the applicants abused her with the name of her caste with an intention to humiliate and intimidate her in public view, in respect of which, a complaint was lodged through registered post addressed to SP, Sonbhadra. Again on 12.07.2018 at about 12:00 noon, the applicants abused the victim with the name of her caste and forcibly entered in her house and also assaulted her.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquriy, no offence is disclosed against the applicants 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 enquiry, prima facie offence is clearly made out against the applicants 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 entire proceedings is therefore refused.
However, it is directed that if the applicants appear and surrender before the court below and apply for bail, their 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 :- 26.7.2019 Nadim