Dismissed

Shankar and 3 Others v. State of Up and Another

Allahabad HC2 Jan 2020A482/35404/2018

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the court refused to quash criminal proceedings alleging assault and caste-based intimidation. Holding that disputed facts cannot decide prima facie case, the prayer was denied but bail was permitted upon surrender.

What did the court decide?

Application for quashment dismissed. Directed that if applicants surrender and apply for bail, such prayer shall be considered expeditiously.

Shankar and 3 Others Vs State of Up and Another — Caste Atrocities | Allahabad HC (2020)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 35404 of 2018

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Applicant :- Shankar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivastava

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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 proceeding of case crime no. 127 of 2018, State Vs. Shankar a& others, under section 323, 504 I.P.C. and 3(1) D, S.C./S.T. Act 1989 and 3(1) Dh, SC/ST Act 1989, P.S. Mehdawal, District Sant Kabir Nagar, pending in the court of District and Sessions Judge, Sant Kabir Nagar.

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As per the allegations made in the FIR, it is alleged that on 18.5.2018, the applicants assaulted the victims by kicks and fists and Lathi and Danda due to which Sant Bali and Sonu suffered injuries on their person and the applicants also abused them with the name of their caste with an intention to humiliate and intimidate them 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 applicant 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, the entire proceedings of the aforementioned case crime 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 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 proceeding of the aforementioned case crime 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 :- 2.1.2020 R

Shankar and 3 Others v. State of Up and Another

Case brief

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Shankar and 3 Others v. State of Up and Another

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