Allahabad High Court
Ramesh Vishwakarma And 3 Others vs State Of U.P. And Another on 13 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 31296 of 2019 Applicant :- Ramesh Vishwakarma And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicants with the prayer to quash the criminal proceedings of criminal case no. 74 of 2019, (State Vs. Ramesh Vishwakarma and others), under sections 147/149/323/504/506/427/452/392 I.P.C and section 3 (1) Dha of SC/ST Act, police station Chaubeypur, District Varanasi, arsing out of chargesheet dated 10.02.2019 pending in the court of Second Additional Sessions Judge/Special Judge (SC/ST) Act, Varanasi.
As per the allegations made in the F.I.R, it is alleged that on 05.08.2018 at 10.00 a.m. the applicants reached at the house of first informant and abused him with the name of his caste with an intention to humiliate and intimidate him in public view and forcibly entered in his house and assaulted him with Lathi, Danda, kicks and fists and have also looted Rs. 10,000/- kept in his house. On account of assault made by applicants victim has suffered injuries on his person and has been medically examined.
Learned counsel for the applicants has submitted that from the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention, as such, criminal proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, criminal proceedings cannot be quashed.
Moreover, 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 the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the criminal proceeding is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 Cr.P.C is finally disposed of.
Order Date :- 13.8.2019 Vikram