Court No. - 2
Case :- APPLICATION U/S 482 No. - 22632 of 2019 Applicant :- Sunil Kumar Saroj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Singh,Hari Shanker Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Vimal Kumar Pandey, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire proceeding of S.T. No. 101 of 2019 as well as congnizance order dated 21.5.2019, in charge sheet no. 66A of 2018, arising out of Case Crime No. 66 of 2018 (State Vs. Sunil Kumar and others), under Sections 376, 504, 506, 120-B IPC, P.S. Chauri, District Bhadohi pending the the Court of learned Sessions Judge-IInd Bhadohi, Gyanpur, and to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is contended by the learned counsel for the applicant that the accused-applicant has been falsely implicated by the opposite party no. 2 and no such occurrence has taken place. It is further argued that the opposite party no.2 is a 55 year old lady. The allegations made in the FIR by opposite party no.2 are totally false and fabricated. Hence, the charge sheet needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.
As per FIR the accused-applicant along with two others are stated to have dragged the opposite party no.2 in a grove and they have committed rape upon her. After investigation, the police have submitted charge-sheet. At this stage, in proceedings under Section 482 Cr.P.C. the statement of witnesses cannot be scrutinized.
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 applicant. 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 and 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 of the aforesaid case is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered within a period of 30 days. 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With aforesaid direction, this application is finally disposed of.
Order Date :- 14.6.2019 Neeraj