Allahabad High Court
Seetu @ Bhuvnesh Kumar And 6 Others vs State Of U.P. And Another on 25 January, 2021
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 19034 of 2020 Applicant :- Seetu @ Bhuvnesh Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Kushwaha 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 CrPC has been filed by the applicants with the prayer to quash the charge-sheet dated 03.09.2020 and entire proceedings of Case No. 3755 of 2020 (State Vs. Seetu @ Bhuvanesh Kumar and others), arising out of Case Crime No. 100 of 2020, under Sections 354, 323, 504, 506, 376 IPC, Police Station Sikandra Rao, District Hathras, pending in the court of CJM, Hathras.
As per the allegations made in the FIR as well as in the statement of the victim recorded under Section 164 CrPC, it is alleged that the victim was married to applicant no.2 Devendra Kumar about eight years back, however, victim could not bear a child. On 09.03.2020 at about 1:30 in the night, co-accused applicant no.1 Seetu @ Bhuvnesh Kumar entered in her room and forcibly committed rape upon her and thereafter, when she was tried to raise alarm, then she was assaulted by other applicants and threatened her for 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 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 applicants and as such, impugned charge-sheet and 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 CrPC. 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 and 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 in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 25.1.2021 NA