Allahabad High Court
Ravindra Verma vs State Of U.P. And Another on 19 November, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- APPLICATION U/S 482 No. - 40941 of 2019 Applicant :- Ravindra Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 26.09.2018 in Complaint Case No.274 of 2018, under Section 420 IPC, Police Station Etmaddaula, District Agra (Roopchandra vs. Ravindra Verma), pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Agra.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 applicant. 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. 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 applicant has got right of discharge under Sections 239, 245 or 227 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
At this stage, this Court is not in a position to weight the factual matrix of the case properly and accused has a right against summoning order to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.
The prayer for quashing the proceeding as well as order dated 26.09.2018 is refused.
However, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law after hearing the public prosecutor.
For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him in his favour.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 19.11.2019 Ravi Kant