Allahabad High Court
Manoj Singh @ Lallu Singh And 3 Others vs State Of U.P. And Another on 6 February, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 4734 of 2020 Applicant :- Manoj Singh @ Lallu Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Learned counsel for the applicants has filed certified copy of the first information report, which is taken on record.
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 applicant with the prayer to quash the charge sheet dated 24.6.2017, cognizance order dated 15.11.2017 and non-bailable warrant dated 17.12.2019 as well as entire criminal proceedings of Case No. 2983 of 2017 (State Vs. Manoj Singh and others) arising out of Case Crime No. 727 of 2017, under Sections 452, 323, 504, 506, 427 IPC, P.S. Haraiya, District- Basti, pending in the court of Judicial Magistrate-I, Basti.
As per the allegations made in the first information report, it is alleged that on 8.6.2017 at about 10:30 p.m. the applicants forcibly entered in the house of the opposite party no. 2, caught hold of opposite party no. 2 and his son and abused them by placing the revolver on the temple of his son Abhishek and asked him to part money and thereafter assaulted the victim. On account of assault made by the applicants, victim- Abhishek suffered injuries on his person and has been medically examined.
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, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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 prayer for quashing the impugned orders as well as proceedings of the aforementioned case is refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. 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 :- 6.2.2020 KU