Allahabad High Court
Ramhit Yadav And 2 Others vs State Of U.P. And Another on 7 February, 2020
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 5297 of 2020 Applicant :- Ramhit Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Singh,Ram Krishna Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 2303914 of 2018 (State Vs. Ramhit and others) arising out of Case Crime No. 261 of 2017 under Sections 323, 504, 506 I.P.C. Police Station Sikriganj, District Gorakhpur pending before learned Judicial Magistrate-II, Gorakhpur as well as to quash the summoning order dated 04.12.2018 passed in the aforesaid case.
Heard learned counsel for the applicants and learned A.G.A.
It has been argued by learned counsel for the applicants that F.I.R. of impugned case has been lodged on false and baseless allegations. There was dispute over property between the parties in which, civil Court has passed an order in favour of applicants and as a counter blast of same, the impugned proceedings were instituted. In alleged incident no one has sustained any injury. Opposite party no.2 is police constable and he has lodged F.I.R. by misusing his position. It was further argued that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Earlier the opposite party no.2 has lodged a N.C.R. being N.C.R. No. 203 of 2017 under Sections 352, 504 I.P.C., and the proceedings of the aforesaid case were stayed by a co-ordinate Bench of this Court vide order dated 29.04.2019 passed in Criminal Misc. Application (482) No. 17019 of 2019 (Ramhit Vs. State of U.P. and another).
Per contra, learned A.G.A., has opposed the application and argued that non-bailable-warrants are being issued against applicants since 05.04.2019 but applicants did not appear before the trial Court. It submitted that allegations made in the F.I.R., evidence collected during investigation and from the perusal of the material on record, it cannot be said that no prima facie cognizable offence is made out.
From perusal of 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. The submissions made by learned counsel for the applicants 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 the law laid down by Supreme Court in 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 have got a right of discharge 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.
The prayer as sought above is hereby refused.
However considering the submissions of learned counsel for the parties and perusing the record, it is provided that in case, applicants move an appropriate application for discharge before the concerned Court below within 45 days from today, the same shall be considered and decided expeditiously in accordance with law, by the concerned Court below.
For a period of 45 days from today or till the disposal of the aforesaid application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.2.2020 S.Ali