Allahabad High Court
Purushottam Sharma And 3 Ors vs State Of U.P. And Anr on 23 October, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 38252 of 2019 Applicant :- Purushottam Sharma And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ray Sahab Yadav 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 05.09.2019 as well as entire proceedings of Complaint Case No.71 of 2018 (Smt. Usha Pakhariya Vs. Purushottam Sharma and others), under Sections 323, 149, 504, 506 IPC and Sections 3(1) Da, Dha of SC/ST Act, Police Station Prem Nagar, District Jhansi.
As per the allegations made in the complaint, it is alleged that on 01.07.2018, the applicants forcibly tried to dispossess the victim from her land and abused her with the name of her caste with an intention to humiliate and intimidate her and in respect of which complaint had been filed before the District Magistrate and other police authorities. Again on 07.07.2018 at about 9:00 AM the applicants forcibly tried to take possession of her land and on being asked to refrain from their illegal act the applicants abused the victim with the name of her caste with an intention to humiliate and intimidate her and further assaulted her and tried to strangulate her and threatened her of life.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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 enquiry, 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 impugned 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 :- 23.10.2019 Zafar