Dismissed

Raju Gupta and Another v. State of U.P. and Another

Allahabad HC6 Dec 2019A482/16821/2018

Case brief

AI extract

What is this about?

This court refused the plea to quash the summoning order and criminal proceedings. The court held that disputed facts cannot be decided under Section 482 CrPC. Applicants were given 45 days to surrender for bail consideration without coercive action. Default attracts coercive measures.

What did the court decide?

Prayer for quashing of summoning order and proceedings refused. Bail to be considered upon appearance and surrender within 45 days.

Raju Gupta and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 16821 of 2018

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Applicant :- Raju Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munesh Kumar Counsel for Opposite Party :- G.A.,Pratibha Vohra

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the summoning order dated 11.04.2018 as well as the entire proceedings of Complaint Case No.260 of 2017 (Arti Vs. Raju Gupta and others), under Sections 323, 452 I.P.C. and Section 3/4 of D.P. Act, P.S. Behjoi, District Sambhal, pending before the court of learned A.C.J.M., Chandausi, District Sambhal.

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As per the allegations made in the complaint, it is alleged that on 09.07.2017 at about 11:00 A.M., the applicants forcibly entered in the house of victim and assaulted the victim and disrobed her. The applicants had also forcibly taken away her earrings.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents 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 complaint and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, summoning order as well as the entire proceedings cannot be quashed.

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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 submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR

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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 prayer for quashing the summoning order as well as the entire proceedings is refused.

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However, it is directed that if the applicants appear and surrender before the court below within forty five 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 judgment 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) .

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For a period of forty five days from today or till the applicants surrender and apply for 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.

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

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Order Date :- 6.12.2019 Zafar

Raju Gupta and Another v. State of U.P. and Another

Case brief

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Raju Gupta and Another v. State of U.P. and Another

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