Shyamveer Singh And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 5824 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 25447 of 2019
 

 
Applicant :- Shyamveer Singh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Devendra Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicants and Sri Thakur Azad Singh, learned A.G.A. for the State.

The present 482 Cr.P.C. petition has been filed for quashing/stay the entire proceedings against the applicants as well as summoning order dated 29.04.2019 passed in Misc. Case No. 574 of 2018 (Niresh @ Gaurav Vs. Shyamveer and others) arising out of Case Crime No. 244 of 2017, under section 307, 504, 506 IPC, Police Station Makhanpur, District Firozabad pending before the Court of C.J. (S.D.), FTC/Judicial Magistrate, Firozabad.

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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. All the submission made at the bar relates to the disputed question of fact, which 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 disputed defence of the accused cannot be considered at this stage.

Moreover, the applicants have got a right of discharge under section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose either personally or through counsel and they are free to take all the submissions in the said discharge application before the trial court.

The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 8.7.2019

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