Allahabad High Court
Kaleem And 3 Others vs State Of U.P. And Another on 19 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL APPEAL DEFECTIVE No. - 971 of 2019 Appellant :- Kaleem And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Chandra Dutt,Rayoof Ali Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J.
Order on Delay Condonation Application.
Heard learned counsel for the appellants.
The present criminal appeal has been with the delay of 117 days.
Cause shown in affidavit filed alongwith the delay condonation application is sufficient. Delay is condoned.
Delay Condonation Application is allowed.
Order on Criminal Appeal Heard learned counsel for the appellants, learned AGA for the State and perused the record.
The present criminal appeal has been filed against the summoning order dated 21.1.2019 as well as entire proceedings of S.S.T. No. 26 of 2018 arising out of Case Crime No. 107 of 2018, under Sections 323, 504, 506 IPC and 3(1)(Da), 3(1)(Dha) of SC/ST Act, P.S. Mungara Badshapur, District- Jaunpur, pending in the Court of Sessions Judge, Jaunpur.
As per the allegations made in the first information report, it is alleged that on 7.2.2018 at about 10 a.m., the appellants intercepted the tractor loaded with iron rods, sand and cement and when opposite party no. 2 questioned them as to why they have been intercepted the tractor, then they abused him with an intention to humiliate and intimidate him in public view and also assaulted him with kicks and fists and also threatened him of life.
Learned counsel for the appellants 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 appellants 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.
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 appellants 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. 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 summoning order as well as entire criminal proceeding is therefore refused.
However, it is directed that if the appellants 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 appeal is finally disposed of.
Order Date :- 19.8.2019 KU