Harivesh @ Harikesh And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 2800 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 13902 of 2019
 

 
Applicant :- Harivesh @ Harikesh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saumitra Dayal Singh,J.

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

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.09.2018 as well as the entire proceedings of Case No. 3955 of 2018 (State Vs. Harikesh & Ors.), arising out of Case Crime No.620 of 2018, under Sections 380 and 411 IPC against applicant no.4 and under Section 380 IPC against applicant nos. 1 to 3, Police Station Shikohabad, District Firozabad pending in the court of Additional Chief Judicial Magistrate, Court No.2, Firozabad.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated solely on account of statement given by one Shivpal. At present, the statement of Shivpal has not been annexed with the application. However, perusal of the FIR and charge sheet suggests that the said Shivpal is an eye witness of the occurrence.

4. 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 at this stage. All the submissions 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.

5. In view of the above, the relief prayed for quashing the entire proceeding of the aforesaid case is declined.

6. However, in view of the entirety of facts and circumstances of the case, 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

7. For a period of 30 days, no coercive measure shall be taken against the applicants in the aforesaid case.

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

Order Date :- 11.4.2019

AHA