Allahabad High Court
Dharnidhar vs State Of U.P. And Another on 1 October, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL APPEAL No. - 3550 of 2019 Appellant :- Dharnidhar Respondent :- State Of U.P. And Another Counsel for Appellant :- Deena Nath Counsel for Respondent :- G.A.,Ajay Kumar Chaurasia,Anand Mohan Pandey Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
This criminal appeal has been filed by the appellant with the prayer to quash the charge-sheet No.77 of 2018 and cognizance/summoning order dated 09.07.2018 as well as entire proceedings of S.S.T. No.376 of 2018 (State Vs. Dharnidhar), under Sections 323, 504, 506 IPC and Section 3(1)Da & Dha of SC/ST Act, Police Station Achhnera, District Agra.
As per the allegations made in the FIR, it is alleged that on 24.11.2017 at about 1:00 PM, the appellant abused the victim with the name of his caste with an intention to humiliate and intimidate him and also assaulted him, due to which, he has suffered injuries on his right eye.
Learned counsel for the appellant has submitted that the victim has not suffered any injury. Learned counsel for the appellant has next 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 appellant 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the appellant and as such, impugned order cannot be quashed.
Moreover, 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 orders as well as the entire proceedings is therefore refused.
However, in case, it is directed that if the appellant appears and surrenders before the court below and applies for bail within 30 days, his 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 criminal appeal is finally disposed of.
Order Date :- 1.10.2019 Zafar