Allahabad High Court
Prakash @ Tillu And 2 Others vs State Of U.P. And Another on 7 December, 2019
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- APPLICATION U/S 482 No. - 44614 of 2019 Applicant :- Prakash @ Tillu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the entire record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.11.2018 as charge sheet No.445 of 2018 as well as entire criminal proceedings of Criminal Case No. 40210 of 2019 (State Vs. Prakash and others), arising out of Case Crime No. 1078 of 2018, under sections 323, 354-A, 427, 452, 504, 506 IPC, P.S. Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra.
The contention of learned counsel for the applicants is that the applicants are trustee and the opposite party no.2 is a tenant of a room of the trust property and the applicants wanted to evict her from the room that is why this case has been lodged against them. He submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. At last he submitted that the applicants is ready to appear before the court and to face the trial. He sought some time to surrender before the court below.
Learned A.G.A. vehemently opposed and submitted that as per allegation of F.I.R., the matter cannot be nipped in the bud and it cannot be said that no offence against the applicants is made out.
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 question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the charge sheet dated 23.11.2018 as well as proceedings of aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within 30 days 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 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. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.12.2019 MAA/-