Court No. - 71
Case :- APPLICATION U/S 482 No. - 32557 of 2019 Applicant :- Viresh Kumar Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Narayan Yadav 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 summoning order dated 11.01.2018 as well as entire proceedings of Complaint Case No.88 of 2017 (Rajendra Singh Balmiki Vs. Viresh Kumar Yadav and others), under Sections 452, 323, 504, 506 IPC and Section 3(1)(R)(S) of SC/ST Act, Police Station Shikohabad, District Firozabad.
As per the allegations made in the complaint, it is alleged that on 04.07.2017 at about 8:00 AM, the applicants abused the victim with the name of his caste with an intention to humiliate and intimidate him and further, entered in his house and assaulted his wife and children and left the place of the incident threatening the witnesses that they will not permit them to stay in the village.
Learned counsel for the applicants 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 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 complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, impugned summoning 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 summoning order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear and surrender before the court below and apply for bail, their 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 :- 26.8.2019 Nadim