Pooja @ Basanti And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 6169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 26445 of 2019
 

 
Applicant :- Pooja @ Basanti And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vindeshwari Prasad
 
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 including the summoning order dated 06.03.2019 in Criminal Complaint Case No. 41 of 2018 (Smt. Suman Vs. Pooja @ Basanti and others), under Sections 323, 506, 452 IPC and Sections 3(1)(Dha) of SC/ST Act, Police Station Asmauli, District Sambhal.

As per the allegations made in the FIR, it is alleged that on 24.09.2018, applicants forcibly entered in the house of the Opposite Party No.2 and assaulted her with the kicks and fists and tried to outrage her modesty.

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 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.

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 as well as summoning order 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 as well as cognizance order 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 :- 9.7.2019

Nadim