Dismissed

Rohtash v. State of U.P. and Another

Allahabad HC11 Nov 2019A482/30144/2018

Case brief

AI extract

What is this about?

Single judge dismissed an application under Section 482 CrPC seeking quashing of a charge sheet and criminal proceedings. The court held that disputed facts could not be adjudicated and prima facie offence was made out, refusing the quash plea while allowing a bail application opportunity upon surrender.

What did the court decide?

Prayer for quashing of charge sheet and proceedings refused; applicant directed to apply for bail upon surrender.

Rohtash Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 30144 of 2018

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Applicant :- Rohtash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar Dwivedi

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, Sri Sunil Kumar Dwivedi, learned counsel for opposite party no. 2, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet dated 19.1.2018 as well as entire criminal proceedings of S.S.T. No. 1849 of 2018 (State Vs. Rohtash) arising out of Case Crime No. 502 of 2017, under Sections 506, 498-A IPC and 3(2)(Va) of SC/ST Act, P.S. Narsayna, District- Bulandshahr, pending in the court of Special Judge, SC/ST Act/Addl. Sessions Judge, Court No. 13, Bulandshahr.

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As per the allegations made in the first information report, it is alleged that by administering some intoxicating substance, the applicant has committed rape upon the victim and illegally detained her and also abused with the name of her caste with an intention to humiliate and intimidate her in public view.

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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.

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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, entire proceedings 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

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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 as well as entire proceedings is therefore refused.

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However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his 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 :- 11.11.2019

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Rohtash v. State of U.P. and Another

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Rohtash v. State of U.P. and Another

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