Allahabad High Court
Sukhvir Singh And Others vs State Of U.P. And Another on 9 July, 2021
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 11327 of 2021 Applicant :- Sukhvir Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants through video conferencing and learned A.G.A. is present in the Court.
The present 482 Cr.P.C. application has been filed to quash/stay the order dated 19.02.2018 passed by the Special Judge (S.C./S.T.Act), Etah in Criminal Revision No.141 of 2016, under Sections 147, 323, 504, 506 I.P.C., Police Station Aliganj, district Etah, Vijendra Singh and others Vs. State of U.P. and another and order dated 25.04.2016 passed by the A.C.J.M. Court No.18, Etah protest petition no.11-A in F.R. No.60 of 2012, Case Crime No.320 of 2012, under Sections 147, 323, 504, 506 I.P.C., Police Station Aliganj, district Etah, Smt. Rani Pal Vs. Vijendra and others.
The contention of learned counsel for the applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He submitted that initially the first information report was lodged and the matter was investigated by the police and final report was submitted against the applicants. Later on, on protest petition being filed by the complainant, the applicants have been summoned. He submitted that there is no evidence against the applicants. He pointed out certain documents and statements in support of his contention.
Per contra learned A.G.A. submitted that 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. He submitted that the impugned order summoning the applicants is just and proper. The trial court has ample power and jurisdiction to summon the accused on prima-facie case made out against applicants. He further submitted that the revision filed against the summoning order passed on the protest petition was also dismissed by the revisional court. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
The submission made by learned A.G.A. have force.
The prayer for quashing the summoning order is refused. After considering the rival submissions made by the parties and perused the material brought on record, prima-facie, offence is disclosed against the applicants. Hence this application is devoid of merit and is liable to be rejected.
If the applicant appears before the court below and applies for bail, their bail application shall be considered and decided expeditiously by the court below in according with law as per settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. With the aforesaid directions, this application is finally disposed of.
Order Date :- 9.7.2021 R./