Allahabad High Court
Suresh Kumar Maurya @ Suresh Kumar ... vs State Of U.P. Thru. Prin. Secy. ... on 16 December, 2022
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL APPEAL No. - 3169 of 2022
Appellant :- Suresh Kumar Maurya @ Suresh Kumar And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Appellant :- Surya Prakash,Pradeep Kumar
Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Surya Prakash, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record.
The instant appeal has been filed by the appellants, namely, Suresh Kumar Maurya @ Suresh Kumar and Shnkar Lal @ Shankar Dayal with the prayer to set aside the judgment and order dated 19.11.2022 passed by 2nd Additional Sessions Judge/ Special Jduge SC/ST Act, District Lakhimpur Kheri in Special Session Trial No. 394/2022, arising out of Case Crime No. 226/2019, under Sections 323, 504, 506 IPC and 3(1) Da, 3(1)Dha SC/ST Act, at Police Station Nighasan, District Lakhimpur.
Learned counsel for the applicant has advanced many factual submissions to demonstrate that the complaint has been filed on false and concocted facts just to pressurize and harass the applicant and the Court below has taken the cognizance without considering the matter in right perspective and issued the process against the applicants in a cursory way, therefore, the summoning order passed by the Magistrate, whereby the process is issued against the applicant is bad in law and liable to be quashed.
Learned A.G.A. while controverting the arguments of the learned counsel for appellants submits that, the arguments of the learned counsel for appellants is, with regard to the factual aspects of the case which cannot be appreciated at this stage, as only a primafacie case is required to be seen at the stage of taking of cognizance and issuance of process.
Having regard to the facts and circumstances and keeping in view the order intended to be passed, the service of notice on opposite party no.2 is hereby dispensed with.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against appellants. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be appreciated by this Court as at this stage only a primafacie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283, Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 and lastly State of Gujrat Vs Afroz Mohammed Hasanfatta reported in MANU/SC/0139/2019 .
Therefore, keeping in view the facts and circumstances of the case, the prayer for quashing the Charge-sheet, summoning order as well as all proceedings of the aforesaid case is hereby refused.
Hon'ble Apex Court in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 and in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions in quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail applications should be decided, expeditiously.
In the backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the request of learned counsel for the appellants, the appeal is disposed of with direction to the trial Court that if the appellants appear and surrender before the Court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously by the Court below strictly in accordance with the law referred to herein above.
If the opposite party no.2 feels aggrieved by this order, she/he may approach this Court by moving an appropriate application
Order Date :- 16.12.2022
Muk
