Allahabad High Court
Abhijeet Yadav And 5 Others vs State Of U.P. And Another on 3 April, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 11708 of 2023 Applicant :- Abhijeet Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 30.09.2022 as well as entire proceedings of Case No. 4890 of 2022 (State Vs. Ramakant Yadav and Others), arising out of Case Crime No. 64 of 2022, under Sections 323, 504, 506, 427, 34, 171-F, 392 IPC and Section 7 of Criminal Law Amendment Act, Police Station Jahanaganj, District Azamgarh, pending in the court of Civil Judge (Jr. Div.)/ MP/MLA Court, Azamgarh.
Learned counsel for the applicants has submitted that from 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 case has been instituted with a malafide intention for the purpose of harassment, as such, impugned summoning order as well as entire proceedings be quashed.
Learned counsel for the applicants has next submitted that the applicants had already been directed to be released on bail.
Per contra, learned AGA has submitted that from 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, impugned summoning order as well as entire proceedings cannot be quashed.
From perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions 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 law laid down by Hon'ble Supreme Court in the 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, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
Moreover, the applicants had already been directed to be released on bail and they have got right of discharge under Section 239, 245 or 227 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused persons have a right to file a discharge application before the trial court and the trial court may decide their discharge application, if there is no evidence against them.
The prayer for quashing the impugned summoning order as well as entire proceedings is therefore refused.
However, it is directed that in case the applicants file an application for discharge before the court below, the same be considered and decided expeditiously in accordance with law after hearing the public prosecutor.
With the aforesaid directions, this application under Section 482 Cr.P.C. is finally disposed off.
Order Date :- 3.4.2023 Nadim