Allahabad High Court
Dharamveer And 2 Ors vs State Of U.P. And Another on 2 December, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- APPLICATION U/S 482 No. - 43475 of 2019 Applicant :- Dharamveer And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chetan Chatterjee Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.
This application under Section 482 Cr.P.C. has been filed by applicants Dharamveer, Manoj and Jagram against State of U.P. and Smt. Priyanka with prayer to quash the summoning order dated 13.11.2019 passed by A.C.J.M. I, Saharanpur, as well as entire proceedings of Complaint Case No. 6836 of 2018, Smt. Priyanka Vs. Dharamver and others, under Sections 452, 354B, 323, 504, 506 I.P.C., P.S. Kotwali Dehat, district Saharanpur.
Learned counsel for the applicants argued that a F.I.R. was lodged by applicants at Case Crime No. 682 of 2018, u/s 323, 354BG, 376, 511, 452, 504, 506 I.P.C. against brother-in-laws of complainant on 24.10.2018 at P.S. Kotwali Dehat, District Saharanpur, in which charge sheet was submitted on 18.2.2019 and trial is proceeding against them. In order to pressurise the applicants to compromise the matter, this complaint case has been filed by the complainant. No offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. Learned counsel has pointed out towards certain documents and statements in support of his contention.
Learned A.G.A. has vehemently opposed the application by contending that all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
Considered the rival submissions made by the parties.
The submissions made by learned counsel for the applicants call for adjudication on pure questions of fact, which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. Veracity of the statements are material evidence of fact and is not to be ascertained in this proceeding u/s 482 Cr.P.C. of this Court because the same is within the jurisdiction of Trial Court and is a point of fact to be seen in the trial. In view of law propounded by Hon'ble Apex Court inState of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844, Hamida v. Rashid, (2008) 1 SCC 474, Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781, Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296,Dhanlakshmi v. R.Prasana Kumar, (1990) Cr.L.J. 320 (DB): AIR 1990 SC 494, State of Bihar V. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, there is no ground for interference under Section 482 Cr.P.C.
The prayer for quashing summoning order as well as proceeding of the aforesaid criminal case is refused. The application u/s 482 Cr.P.C. is dismissed.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of four weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 2.12.2019 Pcl