Chandra Pal And 2 Others vs State Of U.P. And Another
2013 Latest Caselaw 4039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 22360 of 2013
 

 
Applicant :- Chandra Pal And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.K.Mishra,R.P. Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

Heard learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 30.5.2013 passed by the A.C.J.M. / M. Ist Moradabad, as well as the proceedings of the Complaint Case No. 318/9/2013, under Section 376, 368, 366 IPC, P. S. Chandausi, District Sambhal pending before the aforementioned Magistrate. 

The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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 applicants. All the submission made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 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 summoning order is refused.

However, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 11.7.2013

AHN