Allahabad High Court
Rishi Yadav And 6 Others vs State Of U.P. And Another on 3 August, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 22113 of 2016
Applicant :- Rishi Yadav And 6 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ravi Pratap Singh Yadav,R.B. Singh
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
The petition has been moved for quashing the entire proceeding of Special Session Trial No. 189 of 2016 including charge sheet no. 1 of 2016 dated 20.05.2016 (State Vs. Rishi Yadav & Ors) arising out of Case Crime No. 134 of 2016 under Sections 147, 149, 323, 504, 506, 427 I.P.C and Section 3 (1) (10) Scheduled Caste & Scheduled Tribes Act, Police Station - Khoda, District - Ghaziabad, pending in he Court of Special Judge (SC / ST) Act, District - Ghaziabad, and further prayed to stay the further proceeding referred above.
From the facts narrated in the application it can be inferred that a cognizable offence is made out and in the circumstances all the facts that are being disputed are subject to trial before the trial court and disputed points regarding facts cannot be entered into before this Court. 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.IR. 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 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.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
Learned counsel for the applicant submitted that a direction be given to courts below for consideration of bail of the applicant in the light of 7 Judges' Bench decision in the case of Amrawati and another Versus State of U.P. reported in 2004 (57) ALR 290 and as approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. reported in 2009 (3) ADJ 322 (SC).
Above mentioned Full Bench decision of this Court and the decision of Hon'ble Apex Court are binding on the lower courts. They must be followed in letter and spirit. There is no need to pass separate orders in this regard in view of the law laid down by Division Bench of this Court in the case of Brahm Singh and others Vs. State of U.P. and others in Criminal Misc. Writ Petition No. 15609 of 2016 on 8.7.2016.
Accordingly, this application under Section 482 Cr.P.C. is hereby rejected.
Order Date :- 03.08.2016.
Vinod.
