Court No. - 81
Case :- APPLICATION U/S 482 No. - 46521 of 2019
Applicant :- Subhash Rai And 5 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicants and Sri G.P. Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of further proceeding in Criminal Case No. 625 of 2019 arising out of Case Crime No. 77 of 2014 under Sections 147, 148, 149, 323, 504, 506 and 452 I.P.C., Police Station Tahbarpur, District Azamgarh.
The contention of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. No such occurrence has ever taken place. Learned counsel for the applicants further stated that if proceedings are allowed to continue, that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing.
I have gone through the F.I.R.
It is recorded in F.I.R. that accused applicants have beaten up O.P. No. 2 after entering into his house and charge- sheet has been submitted in this case after investigation of the matter.
The arguments which are made by the learned counsel for the applicants are related to factual aspect which cannot be seen at this stage in the proceeding under Section 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 17.12.2019
A. Mandhani