Allahabad High Court
Vijay Pandey And Another vs State Of U.P. And Another on 13 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 31109 of 2019 Applicant :- Vijay Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Pandey 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 Cr.P.C. has been filed by the applicants with the prayer to quash the entire criminal proceedings of S.T. No. 05 of 2017 (State vs. Vijay Pandey and others, arising out of Case Crime No. 207 of 2016, under Sections 504, 506 IPC and 3(1) (X) of SC/ST Act, as well as charge sheet dated 09.07.2016, P.S. Audhyogik Kshetra, District- Allahabad.
As per the allegations made in the FIR, it is alleged that on 09.07.2015 at about 8.00 p.m., the applicants abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and threatened her for life.
Learned counsel for the applicants has submitted that from the 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 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, as such the charge sheet and entire proceedings be quashed.
Per contra, learned AGA has submitted that from the 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, entire proceedings cannot be quashed. He further submitted that the charge sheet has been submitted in the year 2016 and laches in filing the present application has not been explained 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 charge sheet as well as entire proceedings of cognizance order is therefore refused.
However, it is directed that if the applicants appear/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 :- 13.8.2019 v.k.updh.