Allahabad High Court
Alok Lodhi And 4 Others vs State Of U.P. And Another on 8 June, 2020
Equivalent citations: AIRONLINE 2020 ALL 1624
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 6072 of 2020 Applicant :- Alok Lodhi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh 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 summoning order dated 22.08.2019 as well as entire proceedings of Complaint Case No.06 of 2018 (Santosh Jumar Jatav Vs. Alok Lodhi and others), under Sections 323, 504, 506, 427 IPC and Section 3(1)(r)(s) of SC/ST Act, Police Station Alau, District Mainpuri, pending in the court of learned Special Judge, SC/ST (P.A.) Act, Mainpuri.
As per the allegations made in the complaint, it is alleged that on 02.03.2018 at about 12:00 Noon, the applicants along with four others, armed with illegal weapons, reached at the field of the victim and abused him with the name of his caste with an intention to humiliate and intimidate him in public view. The allegation of opening fire has also been alleged.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that from the perusal of the allegations made in the complaint and the statement recorded under Sections 200 and 202 CrPC, no offence is disclosed against the applicants.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the statement recorded under Sections 200 and 202 CrPC, prima facie offence is clearly made out against the applicants and as such, impugned summoning order 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 summoning order 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 after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 8.6.2020 Nadim