Court No. - 71
Case :- APPLICATION U/S 482 No. - 28601 of 2019 Applicant :- Vipin Kumar Yadav @ Vipin Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Man Bahadur Singh 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 cognizance order dated 19.06.2018 as well as entire criminal proceedings of Special Sessions Trial No.47 of 2018 (State Vs. Karmveer and others), under Sections 147, 354, 504 IPC and Section 3(2)(V) of SC/ST Act, in pursuance of Charge-Sheet dated 30.03.2018, arising out of Case Crime No.0047 of 2018, Police Station Mohammadabad, District Mau.
As per the allegations made in the FIR, it is alleged that on 12.02.2018 at about 12:40 PM, the applicants committed indecent act with the victim and tried to disrobe her and on being asked to refrain from abusing, they assaulted her. In the statement under Section 161 CrPC, she has further stated that the applicants abused her with the name of her caste with an intention to humiliate and intimidate her and also assaulted her.
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, impugned cognizance order 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/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 :- 25.7.2019 Nadim