Akhilesh @ Manni Lal And 3 Ors. vs State Of U.P. And Anr.
2019 Latest Caselaw 6041 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL No. - 4547 of 2019
 

 
Appellant :- Akhilesh @ Manni Lal And 3 Ors.
 
Respondent :- State Of U.P. And Anr.
 
Counsel for Appellant :- Shiv Karan Chaudhary
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

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

This criminal appeal has been filed by the appellants with the prayer to quash the impugned charge-sheet dated 21.05.2019 as well as cognizance order dated 25.06.2019 in S.S.T. No. 44 of 2019 (State Vs. Akhilesh @ Manni Lal and others) arising out of Case Crime No. 158 of 2019, under Sections 323, 504, 506, 325 IPC and Sections 3(1)(Da), 3(1)(Dha) and 3(2)(va) of SC/ST Act, P.S. Bindki, District Fatehpur.

As per the allegations made in the FIR, it is alleged that on 29.04.2019 at about 3:00 PM, the appellants reached at the door of the Opposite Party No.2 and assaulted her by kicks and fists, lathi danda, due to which, she suffered injuries and has been medically examined. The applicants also abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view.

Learned counsel for the appellants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the appellants 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.

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 appellants and as such, charge-sheet cannot be quashed.

Moreover, 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 charge-sheet as well as cognizance order is therefore refused.

However, it is directed that if the appellants 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 criminal appeal is finally disposed of.

Order Date :- 9.7.2019

Nadim