Ram Dayal Prajapati vs State Of U.P. And Another
2019 Latest Caselaw 5814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 26261 of 2019
 

 
Applicant :- Ram Dayal Prajapati
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vijay Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the entire proceedings of Case No. 3368 of 2018 (State Vs. Ram Dayala Prajapati) arising out of Case Crime No. 649 of 2018, under Sections 323, 504, 506 IPC read with section 3(1) (D) and 3(1) (Dh) of S.C/ST Act P.S. Khalilabad, District Sant Kabir Nagar, pending in the court of Session Judge, Sant Kabir Nagar

As per the allegations made in the FIR, it is alleged that on 014.7.2018 at about 3.30 in the afternoon, the applicant alongwith three others assaulted the victim with kicks and fists due to which he suffered injuries.

Learned counsel for the applicant 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 applicant 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 applicant appears and surrenders before the court below and applies for bail, his 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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