Dismissed

Vishram and Another v. State of Up and Anr.

Allahabad HC17 Oct 2019A482/37396/2019

Case brief

AI extract

What is this about?

Single-judge court refused to quash criminal proceedings under Section 482 Cr.PC where prima facie case existed. Court held disputed questions of fact cannot be adjudicated at this stage and directed applications for bail to be considered expeditiously upon surrender. The application was disposed of with prayer for quashment refused.

What did the court decide?

Prayer to quash proceedings refused; bail application to be considered if applicants surrender.

Vishram and Another Vs State of Up and Anr. — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 37396 of 2019

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Applicant :- Vishram And Another Opposite Party :- State Of Up And Anr Counsel for Applicant :- Suresh Dhar Dwivedi 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 counsel for the first informant and learned AGA for the State and perused the record.

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This application under Section 482 Cr.PC has been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No. 36 of 2018 (Lalaram Vs. Vishram and others) under Sections 363, 366, 376 IPC and section 3(1) 5 SC/ST Act P.S. Kalan, District Shahjahanpur pending in the court of A.S.J. IInd, Shahjahanpur.

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As per the allegations made in the FIR, it is alleged that on 15.7.2017 the victim aged about 16 years is alleged to have been kidnapped by the applicants. The police after investigation submitted final report and thereafter the complainant filed a protest petition with the prayer that final report be rejected and the accused be summoned to face trial. The protest petition was treated as a complaint and thereafter the statements of the witnesses under section 200 and 202 Cr.P.C. was recorded and the applicants have been summoned to face trial.

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Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case and the victim has gone out of her own free will and consent.

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Learned counsel for the applicants has next submitted that from the allegations made in the protest petition and the material collected during the course of enquiry, 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, as such, entire proceedings be quashed.

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Per contra, learned AGA and learned counsel for the first informant has submitted that from the perusal of the allegations made in the protest petition and the material collected during the course of enquiry, 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

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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 entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/surrenders 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 Cr.PC is finally disposed of.

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Order Date :- 17.10.2019

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Vishram and Another v. State of Up and Anr.

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Vishram and Another v. State of Up and Anr.

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