Allahabad High Court
Vipin And 2 Others vs State Of U.P. And Another on 8 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 25025 of 2019
Applicant :- Vipin And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Chandrajeet
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandrajeet, learned counsel for the applicants, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet dated 23.8.2018 submitted by the I.O. in Case No.1293/9 of 2018 (State Vs. Vipin and others), arising out of Case Crime No.471 of 2018, under Sections 323, 504 and 324 IPC, P.S. Dhaulana, District Hapur pending in the Court of Judicial Magistrate, 1st Hapur and to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is contended by the learned counsel for the applicants that the accused-applicant have been falsely implicated by the opposite party no. 2 in the present case. It is next argued that applicant no.3 was on duty in Delhi as he was working as Lab Assistant in National Institute of Malaria Research, New Delhi. No weapon has been recovered from the accused by which they are stated to have assaulted the opposite party no.2 nor any independent witness has been taken and yet police had submitted charge-sheet in this case in a routine manner which requires to be quashed it being malicious prosecution.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.
I have gone through the record and find that the injury memo which is annexed at page 20 of the paper book, in which, it is mentioned that the injuries were caused to injured Gaurav by opposite party no.2 by sharp edged weapon. The other injured Ranbeer whose injuries is annexed at page-21 of the paper book. The police have submitted charge sheet after investigation. The statement of witnesses recorded by the I.O. cannot be disbelieved at this stage in proceedings u/s 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid-down 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 aforesaid direction, this application is finally disposed of.
Order Date :- 8.7.2019/Neeraj
