Court No. - 71
Case :- APPLICATION U/S 482 No. - 36022 of 2019 Applicant :- Suresh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Saini 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 Cr.PC has been filed by the applicants with the prayer to quash the summoning order dated 08.03.2019 as well as entire proceedings of Complaint Case No.38 of 2018 (Smt. Ritu Vs. Jairaj Saini and others), under Sections 323, 504, 506, 354,452 IPC and Section 3(1)B,C,D and 3(1)10 of SC/ST Act, Police Station Mandi, District Saharanpur.
As per the allegations made in the complaint, it is alleged that on 15.04.2018 at about 7:00 PM, the applicant, armed with danda and scissors, forcibly entered in the house of the victims and assaulted them by scissors and abused them with the name of their caste with an intention to humiliate and intimidate them in public view.
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 inquiry, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment and the victims have not suffered any injury on their person. 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 inquiry, 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 summoning order and entire proceedings is therefore refused.
However, it is directed that if the applicants appear/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 Cr.PC is finally disposed of.
Order Date :- 26.9.2019 R