Court No. - 80
Case :- APPLICATION U/S 482 No. - 20849 of 2021 Applicant :- Uttam Gupta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohini Jaiswal 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 entire proceedings of Criminal Case No.5655 of 2018, State Vs. Uttam Gupta and others, relating to Case Crime No.502 of2017, under sections 323, 504, 506, 427, 392 IPC, Police Station- Sarai Inayat, District Allahabad as well as impugned charge sheet dated 25.5.2018 along with impugned cognizance order dated 19.12.2018 passed by the Special C.J.M., Allahabad.
As per allegation made in the FIR, it is alleged that on 1.10.2017 at 11 P.M., the applicants assaulted the victim by pelting stones and when he reached on the road, then the applicants armed with lathi danda further assaulted him and extended death threats to him and forcibly snatched his wrist watch.
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.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. 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 Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the charge sheet as well as proceedings of the aforementioned case is refused.
However, it is directed that if the applicants appear before the court below and apply for bail, their prayer for bail be considered expeditiously in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.10.2021 SFH