Dismissed

Vipul Rai and Another v. State of Up and Another

Allahabad HC23 Oct 2019A482/38119/2019

Case brief

AI extract

What is this about?

This order denies an application under section 482 CrPC seeking quashing of criminal proceedings for offences related to assault and SC/ST Act violations, holding that disputed questions of fact cannot be adjudicated at this stage.

What did the court decide?

Prayer to quash proceedings and charge sheet refused. Directed to apply for bail before the court below if surrendered.

Vipul Rai and Another Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 38119 of 2019

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Applicant :- Vipul Rai And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Chandra Kumar Rai 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 Cr.PC has been filed by the applicants with the prayer to quash the entire proceedings of S.S.T. No. 321 of 2018 (State Vs. Vipul Rai and others) and charge sheet No. A-56/2-3-2018 pending in the court of Special Judge, SC/ST Act Sant Kabir Nagar arising out of case crime No. 1326 of 2017, under section 332, 323, 504, 506, 427 I.P.C. and 3(1) X 3(1) XI SC/ST Act P.S. Bakhira, District Sant Kabir Nagar.

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As per the allegations made in the FIR and the statement of the victim recorded under section 161 Cr.P.C. it is alleged that 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 due to which he suffered injuries on his person and has been medically examined.

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Learned counsel for the applicants has submitted that from 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, as such, entire proceedings and charge sheet be quashed.

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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 and 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 Cr.PC. 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

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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 and charge sheet 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 Cr.PC is finally disposed of.

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Order Date :- 23.10.2019

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Vipul Rai and Another v. State of Up and Another

Case brief

What is this about?

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Vipul Rai and Another v. State of Up and Another

Case brief

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