Court No. - 71
Case :- APPLICATION U/S 482 No. - 29266 of 2019 Applicant :- Surendra Singh And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Vikram Yadav 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 cognizance order dated 23.12.2016 in S.S.T. No. 4898 of 2018 (State Vs. Surendra Singh and others) arising out of Case Crime No. 206 of 2015 under Sections 452, 354Kha, 323, 504, 506 I.P.C. and 3(1)(Da), (Dh) of SC/ST Act, P.S. Kurra, District- Mainpuri, as well as NBW dated 4.2.2019 and Charge Sheet No. 35 of 2016 dated 28.10.2016.
As per allegations made in the FIR, it is alleged that on 11.7.2015 at about 8 am, the applicants assaulted the victim Munna Lal, due to which, he suffered injuries and when he tried to escape, the applicants entered in his house. He was abused with the name of his caste with an intention to humiliate and intimidate him. When opposite party no. 2 Munni Devi came to his rescue, she was also assaulted by the applicants and they tried to disrobe her and outraged her modesty. On account of assault made by the applicants, they have suffered injuries on their person and have been medically examined.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings 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 charge sheet as well as 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 CrPC is finally disposed of.
Order Date :- 30.7.2019 Neetu