Allahabad High Court
Ankit And 6 Ors. vs State Of U.P. And Anr. on 1 August, 2019
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL APPEAL No. - 4995 of 2019
Appellant :- Ankit And 6 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Sanjay Kumar Jain,Jitendra Prasad Mishra
Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
The present criminal appeal has been filed against the summoning order dated 17.05.2019 passed by the Special Judge, (SC/ST) Act Firozabad in Complaint Case No. 134 of 2018 (Smt. Raj Kumari Vs. Ankit and others) under Sections 147,323, 452, 354, 504, 506 I.P.C. and Section 3(1)(r)(s) of SC/ST Act, Police Station- Khairgarh, District- Firozabad.
As per allegations made in the complaint, it is alleged that on 8.9.2018 at about 6:00 pm, the appellants forcibly entered in the house of the first informant and assaulted her with lathi and sariya and abused her with the name of her caste with an intention to humiliate and intimidate her in public view and further assaulted her with lathi and danda, kicks and fists due to which victim suffered injuries.
Learned counsel for the appellants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the appellants 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 enquiry, prima facie offence is clearly made out against the appellants and as such, entire proceedings 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. 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 is therefore refused.
However, it is directed that if the appellants appear/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 appeal is finally disposed of.
Order Date :- 1.8.2019
Neetu
