Allahabad High Court
Bhagat Singh And 5 Ors vs State Of U.P. And Another on 5 July, 2019
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 26
Case :- APPLICATION U/S 482 No. - 37023 of 2018
Applicant :- Bhagat Singh And 5 Ors
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- M.P.S. Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Order on Civil Misc. Correction Application No. 2 of 2019.
Heard Sri M.P.S. Chauhan, learned counsel for the applicants and Sri Balwant Pratap Singh, learned A.G.A. for State.
The correction application has been filed by the applicants for correction in the order dated 11.10.2018 on the ground that this Court has passed an order on 11.10.2018 staying the proceedings against the applicant nos.2 to 6 in the light of law laid down by the Hon'ble Supreme Court in the case of Geeta Mehrotra and Another Vs. State of Uttar Pradesh 2012 (10) SCC 741 and dismissed the application against respondent no.1 husband.
A wrong order has been transcribed. The averments made in the correction application is not disputed by the learned A.G.A.
In view of the fact that learned A.G.A. does not dispute the averments made in the correction application and submission of learned counsel for the applicants, the order dated 11.10.2018 is substituted by the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under section 482 Cr.P.C. has been filed to quash the charge sheet dated 11.03.2015 as well as entire proceedings of the criminal case no. 865 of 2017, case crime no. 40 of 2015 under section 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Atrauli, District Aligarh pending in the Court of Judicial Magistrate Aligarh.
Learned counsel for the applicants submits that applicant no.1 is the husband of O.P. No.2. He further contends that the husband as well as entire family members of the husband-applicant no.1 have been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh.
So far as the husband-applicant no. 1, namely, Bhagat Singh is concerned following orders is being passed:-
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 applicant no.1. All the submissions made at the bar relate to the disputed questions of fact, 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. The defence of the accused cannot be considered at this stage. Moreover, the applicant no.1 has got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings is therefore refused.
However, it is provided that if the applicant no.1 appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of so far as applicant no.1 is concerned.
So far as the applicant nos. applicant nos. 2 to 6 are concerned the following order is being passed:-
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no. 2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant nos.2 to 6"
The correction application is allowed.
Order Date :- 5.7.2019
Sattyarth
