Allahabad High Court
Gajendra Singh And Another vs State Of U.P. And Another on 1 August, 2019
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 29863 of 2019
Applicant :- Gajendra Singh And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- V.K. Agnihotri
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire criminal proceedings of summoning order dated 5.3.2019 as well as further proceedings of Complaint Case No. 33 of 2017 (Vidhyawati Vs. Rajveer Singh & others), under Sections 452, 354, 323, 504, 506 IPC and 3(1)(R), 3(1)(S) of SC/ST Act, P.S. Usrahar, District- Etawah, pending in the court of Special Judge, SC/ST Act/ADJ-II, Etawah.
As per the allegations made in the complaint, it is alleged that on 20..7.2017 at about 5 p.m. the applicants came at the filed of the complainant and abused the victims with the name of their caste with an intention to humiliate and intimidate them in public view and on being asked to refrain from abusing, they assaulted with lathi, danda, kicks and fists. Thereafter again on the same day at 10:30 p.m. the applicants forcibly entered into their house and they abused with the name of their caste and assaulted them and also with lathi and danda and also outrage the modesty of female members of the house.
Learned counsel for the applicants 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 applicants 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 summoning order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants 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 application under Section 482 CrPC is finally disposed of.
Order Date :- 1.8.2019
KU
