Allahabad High Court
Dheeraj Singh And 3 Ors 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. - 31107 of 2019 Applicant :- Dheeraj Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Dahma 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.P.C. has been filed by the applicants with the prayer to quash the entire criminal proceedings of Complaint Case No. 23 of 2018 (Kunti vs. Dheeraj Singh and others), under Sections 323, 354B, 504, 506 IPC and 3(2) (5A) of SC/ST Act, as well as summoning order dated 23.07.2019, P.S. Chandaus, District Aligarh.
As per the allegations made in the FIR, it is alleged that on 28.09.2018 at about 7.00 p.m., the opposite party no. 2 Kunti had gone at the shop of applicant no. 1 Dheeraj Singh, however, he dragged her in and tried to commit rape upon her and disrobed her. The applicants also abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and threatened her of life. Thereafter when the victim along with her mother made a complaint, the applicants forcibly entered into her house and again abused them with the name of their caste and also assaulted her with lathi-danda due to which she suffered injury.
Learned counsel for the applicants has submitted that from the perusal of 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 the summoning order and 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.
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 CrPC. 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 charge sheet as well as entire proceedings of cognizance order 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 CrPC is finally disposed of.
Order Date :- 13.8.2019 v.k.updh.