Bahori Singh And 2 Others vs State Of U.P. And Another
2019 Latest Caselaw 6369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL No. - 5002 of 2019
 

 
Appellant :- Bahori Singh And 2 Others
 
Respondent :- State Of U.P. And Another
 
Counsel for Appellant :- Ram Raksha Tiwari
 
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.

This criminal appeal under Section 482 CrPC has been filed by the appellants with the prayer to quash the order dated 27.04.2019 passed by the Additional Sessions Judge-II/Special Judge SC/ST Act, Banda in Special Criminal Case No. 160 of 2018 (Ram Milan Verma Vs. Bahori and others), under Sections 323, 504, 506 I.P.C. and 3(1) 10, 3(1) 6 SC/ST Act, Police Station Tindwari, District Banda

As per the allegations made in the complaint, it is alleged that on 05.09.2017 at about 11:00 pm, the complainant had gone to bring his son back from the custody of the appellants and when he reached there, they refused to return his son and started assaulting the victim by kicks and fists and he some how rescued his child the appellants also abused the victim by the name of his caste with an intention to humiliate and intimidate him due to which, he 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 applicants 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 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 impugned order as well as entire proceedings 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 criminal appeal under Section 482 CrPC is finally disposed of.

Order Date :- 1.8.2019

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