Allahabad High Court
Amit Kumar Pandey And Another vs State Of U.P. And Another on 6 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 30623 of 2019 Applicant :- Amit Kumar Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Mishra 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 entire proceedings of S.S.T No. 393 of 2018 (State Vs.Amit Kumar Pandey and another) arising out of Case Crime No. 469 of 2016, under Sections 323, 504, 506 IPC read with section 3(1) X of S.C/ST Act P.S. Dhanghata, District Sant Kabir Nagar, pending in the court of Special Judge SC/ST Act, Sant Kabir Nagar as well as charge sheet dated 6.9.2016.
As per the allegations made in the FIR, it is alleged that the accused persons assaulted the victim by Lathi an dDanda due to which victim has sufereed injuries. The applicants are also said to have abused the victim by his caste with an intention to humuliate and intimidate him in public view and on account of assault the victim has received in injuries and has been medically examined.
Learned counsel for the applicant has submitted that from the allegations made in the FIR 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, entire proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed. The impugned charge sheet has been filed in the year 2016 and the delay in challenging the charge sheet has not been explained.
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.PC. 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 entire proceedings 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 :- 6.8.2019 R