Allahabad High Court
Arvind Kumar Pandey And 3 Others vs State Of U.P. And Another on 10 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- APPLICATION U/S 482 No. - 2515 of 2021 Applicant :- Arvind Kumar Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijai Prakash Tiwari,Ashok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Supplementary affidavit filed by learned counsel for the applicants is taken on record.
This application under Section 482 Cr.P.C. has been filed by applicants to allow this applicant and quash the entire proceedings of Case No. 712 of 2019 (State Vs. Arvind Kumar and others), Under Sections 454, 323, 504, 506, 427 I.P.C. and Section 7 Criminal Law Amendment Act 1983, Police Station- Mirganj, Jaunpur, pending in the court of learned Judicial Magistrate IInd and further be quashed to impugned Chargesheet bearing No. 141/2018 dated 26.10.2018 arising out of Case Crime No. 38 of 2018, Under Sections 454, 323, 504, 506, 427 I.P.C. and Section 7 Criminal Law Amendment Act 1983, Police Station- Mirganj, Janupur as well as Cognizance and Summoning Order dated 13.05.2019 issued by the Learned Judicial Magistrate IInd, Jaunpur in Case No. 712/2019 (State Vs. Arvind Kumar and others).
It is contended by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. Charge sheet has been filed on the basis of insufficient evidence.
From the perusal of material on record and looking into the matter of the case, at this stage at cannot be said that no offense is made out against the applicants.
All the submission 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. The disputed defence of the accused cannot be considered at this stage.There is no sufficient ground to quash the charge sheet in the aforesaid case.
The prayer for quashing the charge sheet, cognizance order and summoning order in the aforesaid case is hereby refused.
In view of the submission made by learned counsel for parties and considering the facts of the case, it is provided that if applicants appear and move their bail application before the court below concerned within 30 days from today, the same shall be considered and decided expeditiously in accordance with law.
For a period of 30 days from today or till the surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. However, in case, the applicants do not appear before the court below within the aforesaid period, the trial court will be at liberty to take coercive action against the applicants in accordance with law.
With the aforesaid observation, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 10.2.2021 Sachin