Court No. - 49
Case :- APPLICATION U/S 482 No. - 1839 of 2019 Applicant :- Vijay Bhan Opposite Party :- State Of U.P.Another Counsel for Applicant :- Kamalendra Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr Kamalendra Kumar Maurya, learned counsel for the applicant and learned A.G.A. for the State-respondent.
By means of this application under section 482 Cr.P.C., the applicant has prayed for quashing the entire proceedings of Sessions Trial No. 147 of 2018 (State vs Vimla Devi and others) arising out of Case Crime No. 0155 of 2018, under sections 147, 323, 504, 506, 427, 352, 452 IPC, PS Machhalishahr, District Jaunpur pending in the court of learned Additional Sessions Judge-II, Jaunpur as well as the summoning order dated 03.10.2018.
It is submitted by the learned counsel for the applicants that the applicant is innocent and has been falsely implicated in this case due to enmity. It is further submitted by the learned counsel for the applicant that applicant has no concern with the incident. Learned counsel for the applicant submitted that after five months of the incident, on an application moved under section 156(3) Cr.P.C. by opposite party No. 2, the present FIR has been lodged against the applicant with the false and fabricated allegations. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
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 applicant. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of 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 lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the proceedings and the summoning order dated 03.10.2018 is refused.
However, it is provided that if the applicant appears and surrenders before the court below within a period of one month from today and applies for bail, then his prayer for bail shall be considered in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.1.2019 Sazia