Allahabad High Court
Sudhir @ Prashant And 4 Others vs State Of U.P. And Another on 9 July, 2019
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 26561 of 2019
Applicant :- Sudhir @ Prashant And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shashi Dhar Pandey
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 CrPC has been filed by the applicants with the prayer to quash the entire criminal proceedings of S.S.T. No. 560 of 2019 arising out of charge sheet in Case Crime No. 733 of 2018, under Sections 147, 323, 324, 504, 506 IPC and 3(Da) (Dha) of SC/ST Act, P.S. Shikohabad, District- Firozabad, pending in the court of Addl. Sessions Judge-II, Firozabad.
As per the allegations made in the first information report, it is alleged that on 13.5.2018 at 6 a.m, the applicants entered in the house of first informant and abused him with the name of his caste with an intention to humiliate and intimidate him and also tried to drag with an intention to kill him and assaulted the victim by lathi, danda and sharp edged weapon, due to which he suffered injuries on his person and has been medically examined.
Learned counsel for the applicant 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 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.
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 charge sheet as well as entire proceedings is therefore refused.
However, it is directed that if the applicant appears/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 :- 9.7.2019
KU
