Manoj Kumar Gupta @ Guddu And ... vs State Of U.P. And Another
2021 Latest Caselaw 10748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 12825 of 2021
 

 
Applicant :- Manoj Kumar Gupta @ Guddu And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vikrant Gupta,Rajesh Kumar Gupta
 
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 Cr.PC has been filed by the applicants with the prayer to quash the impugned judgment and order dt. 29.1.2021 passed by Additional Session Judge, Court No. 7, Bareilly in Crl. Revision No. 439/2019, Manoj Kumar and others, Vs. State and others as well as impugned summoning order dated 26.6.2019 passed by A.C.J.M., Court No. 5, Bareilly in complaint case No. 4064 of 2017, Anuj Kumar Gutpa Vs. Manoj Kumar Gupta @ Guddu and others u/s 323, 504, 392 I.P.C. P.S. Quila, District Bareilly.

As per the allegations made in the complaint, it is alleged that on 28.5.2017 at about 5.00 p.m. while the victim was coming towards Kudeshiya by a motorcycle and reached near Tilak Inter College then he was intercepted by the applicants who started abusing him and threatened him of life. On being asked to refrain from abusing, the applicants assaulted the victim and looted a sum of Rs. 12,500/-, mobile phone and golden chain.

Learned counsel for the applicants has submitted that from the allegations made in the complaint 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, as such, summoning order be quashed.

Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, 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 summoning order is therefore refused.

This application under Section 482 Cr.PC is accordingly dismissed.

Order Date :- 24.8.2021

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