Court No. - 77
Case :- APPLICATION U/S 482 No. - 42302 of 2019 Applicant :- Shyam Narayan And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 22.07.2019 as well as entire proceeding of Complaint Case No. 1583 of 2019 (Harinarayan Vs. Shyam Narayan and Others), under Section 452, 323, 504, 506 of IPC, Police Station Auraiya, District Auraiya, pending before the Chief Judicial Magistrate, Auraiya. Further prayer has been made to stay the further proceedings of the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He further submitted that O.P. No. 2 has filed a complaint which was registered as complaint Case No. 1277 of 2019 (Tahar Singh Vs. Jaiveer Singh and others), under Sections 452, 323, 504, 506, 427, 435 IPC, P.S. Fafund, District Auraiya. Statement of complainant and his witnesses was got recorded under Section 200 and 202 of Cr.P.C., in which there were material contradiction and non corroboration of the contention of complaint. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
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 at this stage. 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 only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days and no more from today and apply for bail, their prayer for bail shall be considered and decided 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 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.11.2019 Kamarjahan