Court No. - 14
Case :- APPLICATION U/S 482 No. - 30989 of 2018 Applicants :- Tilak Dhari And 9 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicants :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate and perused the record of the case.
By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the summoning order dated 21.7.2018 passed by the learned Special Chief Judicial Magistrate, Allahabad in Complaint Case No. 687 of 2016 (Devdutt Yadav Vs. Tilakdhari and others), under Sections 147, 323, 325, 504, 506 IPC, PS Mauaima, district Allahabad.
The brief facts of the case are that an application under Section 156(3) was moved by the opposite party No. 2, the complainant of the case against the applicants to the effect that the applicants with common intention abused, beaten and threatened him of dire consequences. However, the said application was treated as complaint and learned Special Chief Judicial Magistrate, Allahabad after recording the statements of the complainant under Section 200 Cr.P.C. and his witnesses Prem Shanker Mishra and Gangeshwar Bahadur Singh under Section 202 Cr.P.C, summoned the applicants.
Learned counsel for the applicants contends that the instant complaint has been filed against the applicants as a counter blast to the complaint filed from the side of the applicants.
On the other hand, learned Additional Government Advocate contended that summoning order has been passed on the basis of evidence adduced by the complainant.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, 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 Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283.
The disputed defence of the accused also cannot be considered at this stage.
The prayer for quashing of the proceedings as well as summoning order is refused.
The application is accordingly rejected.
However, it is provided that in case the applicants appear and surrender before the court below within three weeks from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible.
Order Date :- 6.9.2018 Ishrat