Court No. - 71
Case :- APPLICATION U/S 482 No. - 36150 of 2019 Applicant :- Tusar Alias Chotu Yadav Opposite Party :- State Of Up And Anr Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge- Sheet dated 09.12.2017 and further proceedings of Case Crime No.754 of 2017, under Sections 307, 323, 504, 506 IPC and Section 3(2)5 of SC/ST Act, Police Station South, District Firozabad.
As per the allegations made in the FIR, it is alleged that on 06.10.2017 at about 7:00 PM, the applicant met the victim near the Post Office and abused him with the name of his caste with an intention to humiliate and intimidate him and opened fire with an intention to kill him and when the witnesses assembled there, the applicant left the place of incident threatening him of life.
Learned counsel for the applicant 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 applicant 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 applicant and as such, charge-sheet 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 and entire proceedings is therefore refused.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his 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 :- 27.9.2019 Nadim