Court No. - 75
Case :- APPLICATION U/S 482 No. - 7267 of 2018 Applicant :- Viddhya Shanker @ Bhagat Upadhayay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishan Deo Giri Counsel for Opposite Party :- G.A.,Sunil Kumar Singh
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 No.08 of 2017 dated 13.03.2017 as well as the entire proceedings of Special Case No.10 of 2018 (State Vs. Viddhya Shanker @ Bhagat Upadhayay) arising out of Case Crime No.28 of 2017, under Sections 353, 504, 506, 427, 323, 452 IPC and under Section 3(1)(Da) & 3(2) (Dha), 3(2) 5 Ka of SC/ST Act, Police Station Ahraula, District Azamgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Azamgarh.
As per the allegations made in the FIR, it is alleged that on 11.01.2017, the applicant along with other co-accused persons reached at the fair price shop of the Opposite Party No.2 and obstructed the distribution of the food-grains and on being asked to refrain from their illegal acts, the applicant abused the victim with the name of his caste with an intention to humiliate and intimidate him in public view.
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 as well as the 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 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 :- 27.11.2019 Zafar