Allahabad High Court
Vivek Pathak And 2 Others vs State Of U.P. And Another on 19 May, 2023
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:110734
Court No. - 81
Case :- CRIMINAL APPEAL No. - 4398 of 2023
Appellant :- Vivek Pathak And 2 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vikas Srivastava
Counsel for Respondent :- G.A.,Kundan Kumar,Rakhi Kumari
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Vikas Srivastava, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record.
None present for the opposite party no.2.
The instant appeal under Section 14-A (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed by the appellants, Vivek Pathk, Rahul Pathk and Rohit Pathak with the prayer to allow the present criminal appeal of the appellants and set aside the judgment and order dated 28.9.2022 issued by the learned Special Judge (SC/ST Act)/2nd Additional Sessions Judge, Court No.2, Bhadohi at Gyanpur in S.T. No. 305 of 2022 (State Vs. Vivek Pathak and others) in Case Crime No. 77 of 2022, under Sections 323, 504 IPC and Section 3(1) Da, Dha of SC/ST Act, Police Station Koiraun, District Bhadoi, by which summoned the appellants in pursuant to the impugned charge sheet no. 69 of 2022 dated 24.8.2022.
Learned counsel for the appellants has made many factual submissions to demonstrate that the FIR was lodged on false and concocted facts just to pressurize and harass the appellants and the Investigating Officer without going deep into the matter in a cursory manner has submitted the charge sheet, and the court below has taken cognizance without considering the matter in right perspective and, therefore, the charge sheet, the order of the Magistrate, whereby the cognizance has been taken and process is issued are bad in law and the same 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 the Hon'ble Apex court in AIR 2012 SUPREME COURT 1747, Bhushan Kumar and Anr v. State (NCT of Delhi) and Anr, AIR 2015 SUPREME COURT 923, Sunil Bharti Mittal v. Central Bureau of Investigation, in Kishun Singh and Ors. v. State of Bihar MANU/SC/0460/1993 : (1993) 2 SCC 16, State of W.B. and Anr. v. Mohd. Khalid and Ors. MANU/SC/0154/1995 : (1995) 1 SCC 684, in S.K. Sinha, Chief Enforcement Officer v. Videocon International Limited and Ors. MANU/SC/7011/2008 : (2008) 2 SCC 492, in M/s. India Carat Pvt. Ltd. Vs. State of Karnataka MANU/SC/0349/1989 : 1989(26) ACC 280 (SC), in Minu Kumari and another Vs. State of Bihar and others MANU/SC/8098/2006 : 2006 (4) SCC 359, in the case of Nupur Talwar vs C.B.I. reported in 2013 AIR SCW 369 and 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 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is 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.
Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 has issued various guidelines and provided a scheme with regard to the cases where the Charge Sheet has been filed without arrest of the accused person(s) during investigation and accused person(s) have Cooperated throughout in the investigation including appearing before the Investigating Officer whenever called. Apex Court has also provided special procedure with regard to such cases where the charge sheet has been submitted under offences punishable with up to seven years of imprisonment. The law laid down by the Hon'ble Supreme Court in S.K. Antil (supra) has been reiterated in Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 94.
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.
Order Date :- 19.5.2023
Muk
