Allahabad High Court
Ms. Mandavi Pathak And Another vs State Of U.P. And Another on 9 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 26499 of 2019
Applicant :- Ms. Mandavi Pathak And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Atul Kumar, learned counsel for the applicants, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 26.9.2018 as well as the entire proceedings of Crl. Case No.2720 of 2019 (State Vs. Gangaram Pathak and Others) under Sections 326, 452, 323, 504, 506 IPC arising out of Case Crime No.318 of 2018, P.S. Bakhira, District Sant Kabir Nagar, and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by learned counsel for the applicants that the applicants have been falsely implicated in this case due to enmity. There is no injury report. The Investigating Officer has conducted investigation superficially and has erroneously filed charge sheet which amounts to malicious prosecution.
Learned A.G.A. vehemently opposed the prayer for quashing of charge sheet stating that as per FIR, the accused applicants are stated to have thrown chilly in the eyes of the opposite party no. 2 and have badly beaten him; after investigation charge sheet has been submitted; the veracity of the statement recorded by the I.O. during investigation, cannot be scrutinized in the proceedings under Section 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants would be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With aforesaid direction, this application is finally disposed of.
Order Date :- 9.7.2019
Meenu
