Allahabad High Court
Bhura Alias Lambari And Another vs State Of U.P. And Another on 19 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 31753 of 2019 Applicant :- Bhura Alias Lambari And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Agarwal,Anil Babu,Shubham Dwivedi 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 charge sheet No. 1 of 2019 dated 15.03.2019 as well as entire proceedings of Case No. 53 of 2019 (State Vs. Bhura @ Lambari and another), arising out of Case Crime No. 011 of 2019, under Sections 354ka, 452, 504, 506 IPC, Section 7/8 POSCO Act, and 3(1) (Da), 3(1) (Dha), 3 (2) (v) K of SC/ST Act, P.S. Phaphud, District- Auriya, pending in the court of Additional District & Session Judge, Ist, Auraiya.
As per the allegations made in the FIR and statement of witness Smt. Suman Devi recorded under Section 161 Cr.P.C., it is alleged that on 09.12.2018 while the complainant's minor daughter Asha Devi was alone in her house, the applicant no. 1 Bhura @ Lambari forcibly entered into her house and tried to outrage her modesty and tried to drag her near the staircase. On alarm being raised her parents reached there, then the applicants fled away. It is further alleged that when opposite party no. 2 went to the house of applicant to make a complaint against conduct of Bhura @ Lambari then applicants abused him with the name of his caste with an intention to humiliate and intimidate him in public view and also threatened him of 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 next submitted that the incident has not taken place in public view, therefore, offence under SC/ST Act would not be attracted however from the statement of Suman Devi it is evident that the incident has taken place at the house of applicants which is in public view as such at this stage it cannot be said that the offence under SC/ST Act is not made out. Particularly when the evidence is yet to come.
Learned AGA has further 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.
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 Cr.P.C. 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 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 Cr.P.C. is finally disposed of.
Order Date :- 19.8.2019 v.k.updh.