Allahabad High Court
Kishan Patel @ Krishnapratap Singh And 2 ... vs State Of U.P. And Another on 24 September, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 35402 of 2019 Applicant :- Kishan Patel @ Krishnapratap Singh And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dev Prakash Singh 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 CrPC has been filed by the applicants with the prayer to quash the summoning order dated 14.05.2019 as well as entire proceedings of Complaint Case No.67 of 2017 (Suratiya Devi Vs. Kishan Patel and others), under Sections 452, 376, 323, 504, 506 IPC and Section 3(2) of SC/ST Act, Police Station Karwi, District Chitrakoot, pending in the Court of Special Judge SC/ST (Prevention of Atrocities) Act, Chitrakoot.
As per the allegations made in the complaint, it is alleged that on 01.10.2017 at about 1:00 PM in the day, the applicant Kishan Patel forcibly entered in the house of the victim armed with fire arm and committed rape upon the victim Suratiya Devi and in the evening, when the victim disclosed the said story to their family members then on the next day, they visited the house of Kishan Patel to raise their grievance, there applicant Kishan Patel abused the victim. Again on 02.10.2017 at about 3:00 PM in the evening, the applicants armed with fire arms forcibly entered in the house of the victim and abused the victim as well as her mother with the name of their caste with an intention to humiliate and intimidate them and assaulted Chunki Devi by Hasiya, due to which she suffered injuries on her person and has been medically examined. Specific role of assaulting Tej Bahadur by danda has been assigned to Nathan Singh.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the compliant and the material collected during the course of inquiry, 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.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, impugned order 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 summoning order as well as entire proceedings is therefore refused.
However, it is directed that if the applicants appear and 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 :- 24.9.2019 Zafar