Allahabad High Court
Santosh Yadav And Another vs State Of U.P And Another on 15 February, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 42497 of 2022
Applicant :- Santosh Yadav And Another
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Subhash Chandra Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Subhash Chandra Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the impugned orders dated 22.11.2022 passed by learned Additional District and Sessions Judge, Court No.7, Azamgarh in Criminal Revision No.156 of 2022 and order dated 21.06.2022 passed by learned Judicial Magistrate/FTC (Women), Azamgarh in Complaint Case No.2097 of 2020, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Phulpur, District Azamgarh.
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, in fact, no such incident has taken place. The applicant no.1 is husband whereas the applicant no.2 is living separately in same house from the opposite party no.2 and her husband and she has no concern with the alleged incident. The allegation levelled against the applicant is purely imaginary and in fact applicants had not done anything against the opposite party no.2. The applicants have never demanded for any additional dowry nor tortured the opposite party no.2, hence, no alleged offence is made out against the applicants.
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 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.
The prayer for quashing the entire proceedings of the above mentioned case is hereby refused.
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.
In the case of Satender 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).
However, considering the nature of the allegations made 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 apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
With the above directions, this application u/s 482 is disposed of finally.
Order Date :- 15.2.2023
Ajeet
