Allahabad High Court
Surendra And 6 Others vs State Of U.P. And Another on 16 August, 2023
Bench: Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165148
Court No. - 93
Case :- APPLICATION U/S 482 No. - 29704 of 2023
Applicant :- Surendra And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Prakash Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the Summoning Order dated 05.12.2018 arising out of Complaint Case No.2106 of 2016 (New No.1095/022), (Ramshankar Vs. Surendra & Others) passed by Judicial Magistrate-I, Jaunpur by which applications have been summoned under Sections 427, 452, 323, 504, 506 I.P. C., Police Station Mungara Badshahpur, District Kushinagar.
3. Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants. The applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants are disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants.
4. From the perusal of 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 the applicants. 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 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge before the court below and they are free to take all the submissions in the said discharge application before the trial court.
5. The prayer for quashing the entire proceedings of the above mentioned case is hereby refused.
6. At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
7. In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).
8. However, considering the nature of the allegations and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).
9. With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 16.8.2023
S.P.
