Allahabad High Court
Omprakash And Others vs State Of U.P. & Others on 26 July, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 18575 of 2010 Petitioner :- Omprakash And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- R.P. Mishra Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
List has been revised. None appeared to press this application on behalf of the applicants. Heard learned A.G.A. for the State respondent. The present application has been filed for quashing the proceedings of complaint case no. 1855 of 2009 under Section 323, 504, 506 IPC, P.S. Goverdhan District Mathura pending in the court of A.C.J.M., court no. 2, Mathura as well as for quashing the summoning order dated 8.4.2010. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. From the perusal of the 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. All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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 under section 239, 245(2) or 227/228, Cr.P.C. as the case may be 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 for quashing the proceeding as well as summoning is refused. However, considering the fact that the offence is bailable, it is provided that if the applicants appear and surrender before the court below within a period of 30 days from today and apply for bail, then their prayer for bail shall be considered and decided, expeditiously, if possible on the same day, in accordance with law, after hearing the Public Prosecutor. For a period of 30 days 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. With the aforesaid directions, this application is disposed off. Order Date :- 26.7.2010 Ashish