Dismissed

Raj Bahadure Singh and 2 Others v. State of U.P.and Another

Allahabad HC16 Oct 2019A482/12931/2019

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash charge-sheet and proceedings was dismissed. Court held disputed factual issues cannot be adjudicated at this stage and only prima facie case was to be seen. Bail prayer directed to be considered expeditiously upon surrender.

What did the court decide?

Prayer for quashing of charge-sheet and proceedings refused. Directed to consider bail prayer if applicants surrender.

Raj Bahadure Singh and 2 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 12931 of 2019

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Applicant :- Raj Bahadure Singh And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Om Prakash Chaube Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Rejoinder affidavit, filed by counsel for the applicants today in Court, is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the ChargeSheet No.01, dated 26.12.2018 and entire proceedings of Special Trial No.08 of 2019 (State Vs. Raj Bahadure Singh and others), arising out of Case Crime No.0127 of 2018, under Sections 323, 504, 506 IPC and Sections 3(1)(Da), 3(1)(Gh) of SC/ST Act, Police Station Manikpur, District Chitrakoot.

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As per the allegations made in the FIR and the statements of the witnesses recorded under Section 161 CrPC, it is alleged that on 14.10.2018 at about 7:00 PM, the applicants abused the victim with the name of his caste with an intention to humiliate and intimidate him in public view and also assaulted him by lathi danda and threatened him by whipping out of a country-made pistol. On account of assault, Shri Pal suffered injuries on his person and has been medically examined.

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Learned counsel for the applicants has submitted that the injuries found on the person of the victim are simple in nature and son of the victim is harbouring notorious criminals.

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Learned counsel for the applicants has next submitted that this is a counter-blast case against the applicants, initiated by the victim.

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Learned counsel for the applicants has next 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.

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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 cannot be quashed.

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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.

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The prayer for quashing the charge-sheet and entire proceedings is therefore refused.

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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.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

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Order Date :- 16.10.2019 Nadim

Raj Bahadure Singh and 2 Others v. State of U.P.and Another

Case brief

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Raj Bahadure Singh and 2 Others v. State of U.P.and Another

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