Allahabad High Court
Deepak @ Kulfi And 9 Others vs State Of U.P. And Another on 3 January, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 40038 of 2022 Applicant :- Deepak @ Kulfi And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath 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.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge-sheet no. 99 of 2021, dated 29.06.2021, summoning order dated 04.12.2021 and entire proceedings of Case No. 15016 of 2021 (State Vs. Deepak @ Kulfi and Others), arising out of Case Crime No. 139 of 2021, under Sections 147, 148, 149, 452, 323, 504, 427, 336, 324 IPC, Police Station Aliganj, District Etah, pending in the court of Additional Chief Judicial Magistrate, Court No.17, Etah.
As per the allegations made in the FIR as well as statement of the witnesses recorded under Section 161 CrPC, it is alleged that the applicants along with 20-25 unknown persons armed with lathi, danda and fire arms reached at the house of opposite party no.2 and assaulted him and other inmates of the house after hurling abuses. On account of assault made by them, three persons suffered injuries and have been medically examined.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that allegations made in the FIR are false, cooked up and concocted made just with an intention to drag the applicants in criminal court and as such, impugned summoning order be quashed.
Per contra, learned AGA has vehemently opposed the aforesaid prayer and has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, impugned summoning order cannot be quashed.
Having considered the rival submissions made by learned counsel for the parties and from perusal of the allegations made in the FIR as well as statements of the witnesses recorded under Section 161 CrPC, prima facie offence is clearly made out against the applicants.
At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by 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, prayer for quashing the impugned summoning order and entire proceedings is refused.
However in case, the applicants appear/ surrender before the court below and apply for bail within three weeks from today, their bail application be considered and decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed off.
Order Date :- 3.1.2023 Nadim