Allahabad High Court
Manish Kumar And 2 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. - 26255 of 2019
Applicant :- Manish Kumar And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Lal Behari Yadav
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 S.T. NO. 80 of 2018, State Vs. Shivdani and others, arising out of case crime no. 100 of 2018, under section 323, 325, 504, 506, 308 I.P.C. and section 3(1) (Da) of S.C./S.T. Act. P.S. Dohrighat, District Mau, pending in the court of Additional Session Judge, Court No.2, Mau, District Mau as well as charge sheet no. 01 of 2018 dated 4.6.2018 and cognizance dated 8.10.2018.
As per the allegations made in the FIR, it is alleged that on 5.5.2018 at about at 11.00 in the night the applicants assaulted the victim by Lathi, Danda and threatened them for life due to which as many as four persons, namely, Sanjay, Birju, Pintu and Manish have suffered injuries on their persons and they have been medically examined.
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 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, 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 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 :- 8.7.2019
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