Allahabad High Court
Sadab And 4 Others vs State Of U.P And Another on 20 February, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 41282 of 2022
Applicant :- Sadab And 4 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Sanjay Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Sanjay Singh, learned counsel for the applicants and learned A.G.A for the State as well as perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the Complaint Case No. 27 of 2022 (Noor Ahmad Vs. Shahbaz and others), under Sections 452, 323, 504, 427 I.P.C., Police Station- Atrauli, District- Aligarh in pursuance of summoning order dated 29.09.2022, pending in the court of Additional Sessions Judge/POCSO Court No. 03, Aligarh.
As per prosecution version, on 26.12.200 at 2:30 p.m. one person, namely, Shahbaz entered in the house of opposite party no.2 and thereafter, Shahbaz with bad intention molested with the minor daughter of opposite party no.2 namely, Ilma aged about 15 years. On 02.01.2022 at 10:30 a.m. Shahbaz, Sadab, Azad, Islam, Rahees and Sahil came to the house of opposite party no.2 and committed marpit with the son of opposite party no.2, namely, Aman and his daughter, namely, Sania.
Learned counsel for the applicants has submitted that main accused is Sahbaz who has been summoned to face trial under Sections 452, 323, 354, 504 I.P.C. and Section 7/8 POCSO Act and present applicants, namely, Sadab, Azad, Islam, Rahees and Sahil have been summoned to face trial under Sections 452, 323, 504, 427 I.P.C.. He has further submitted that there are material contradictions in the statement of complainant and witnesses, but the learned Magistrate after recording the statement of complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C. has illegally summoned the applicants without applying its judicial mind.
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 the applicants. Details of allegations are given comprehensively in the complaint. 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. Moreover, the applicants have got a right of discharge and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of case and summoning order is 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 Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
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 approaches the trial court for bail through counsel, same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satendra Kumar Antil (supra).
In view of the aforesaid, the present application stands disposed of.
Order Date :- 20.2.2023
Krishna*
