Court No. - 71
Case :- APPLICATION U/S 482 No. - 32305 of 2019 Applicant :- Veerandra Opposite Party :- State Of Up And Another Counsel for Applicant :- Anuj Bajpai 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 applicants with the prayer to stay the proceedings in Complaint Case No. 32 of 2018 (Hari Saran Vs. Ramsewak and others), under Sections 323, 354, 504, 506 IPC and Section 3(1)X of SC/ST Act, Police Station Jalalabad, District Shahjahanpur.
As per the allegations made in the complaint, it is alleged that on 12.08.2018 at about 6:00 AM, the daughter of the first informant was going to answer the call of the nature, when the applicant caught hold the victim by her hand and dragged her in his house and disrobed her and also assaulted her with an intention to kill her and also opened fire upon her by double barrel gun and abused with the name of her caste with an intention to humiliate and intimidate her.
Learned counsel for the applicant 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 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 complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicant 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 entire proceedings is therefore refused.
However, it is directed that if the applicant appears and 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 :- 22.8.2019 KU