Dismissed

Mathura and 2 Ors. v. State of U.P. and Anr.

Allahabad HC17 Oct 2019A482/37318/2019

Case brief

AI extract

What is this about?

The applicant sought to quash the summoning order in a criminal complaint alleging caste-based abuse and assault. The court held that disputed facts cannot be adjudicated at this stage under Section 482 CrPC. The application was dismissed, but the applicant was directed bail consideration upon surrender.

What did the court decide?

Prayer to quash summoning order dismissed. Directed that bail prayer shall be considered upon surrender and application.

Mathura and 2 Ors. Vs State of U.P. and Anr. — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 37318 of 2019

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Applicant :- Mathura And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yadavendra Dwivedi,Santosh Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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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 applicant with the prayer to quash the summoning order dated 8.7.2018 as well as further proceedings of Complaint Case No. 22 of 2017 (Urmila vs. Mathura and others), under Sections 323, 504 IPC and 3(1)(da)(dha) of SC/ST Act, P.S. Haliya, District- Mirzapur, pending in the court of Special Judge, SC/ST Act, Mirzapur.

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As per the allegations made in the complaint and the statement of the witnesses recorded under Section 200 and 202 Cr.P.C., it is alleged that on 20.2.2017 at about 10 a.m. the applicants abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and also assaulted her by a danda and tried to outrage her modesty, due to which she suffered injuries on her shoulder and has been medically examined.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, 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 complaint and the material collected during the course of inquiry, 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

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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 summoning order as well as 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 :- 17.10.2019 KU

Mathura and 2 Ors. v. State of U.P. and Anr.

Case brief

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Mathura and 2 Ors. v. State of U.P. and Anr.

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