Allahabad High Court
Grijesh Mani And 3 Others vs State Of U.P. And Another on 8 July, 2019
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 26272 of 2019
Applicant :- Grijesh Mani And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sanjay Kumar Srivastava,Prashant Kumar Tripathi
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 Cr.PC has been filed by the applicants with the prayer to quash the entire proceedings of complainat cae no. 4 of 2018, Savitri Vs. Girjesh Mani anad others, under sectijon 323, 504, 506 I.P.C. and 3(1) X SC/ST Act P.S. Gauri Bazar, District Deoria as well as summoning order dt. 14.6.2018 passed by the Additional Session Judge II, Deoria.
As per the allegations made in the complaint it is alleged that on 19.11.2017 at about 9.00 a.m. the applicants armed with gun started abusing the victim with the name of her caste and when she raised objection not to abuse her they assaulted her with kicks and fists and asked her to remove her wall otherwise they would eliminate her entire family.
Learned counsel for the applicants has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant 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, as such, entire proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, 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 entire proceedings is therefore refused.
However, it is directed that if the applicants appears/surrenders 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 :- 8.7.2019
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