Court No. - 54 Case :- APPLICATION U/S 482 No. - 22531 of 2010 Petitioner :- Dinesh Kumar Surveyor And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Akhilesh Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and learned A.G.A.
Since it is a case of assault and the injury sustained, I am not inclined to interfere to quash the
prosecution of case no. 1096 of 2010, arising out of case crime no. 688 of 2008, under Sections
384, 323, 504, 506 I.P.C. and section 3(1)(X) SC/ST Act, P.S. Etmadudaula, District Agra.
From the perusal of material on record and looking into the facts of the case at this stage it cannot
be said that no offence is made out against the applicants. All the submissions made at the bar
relates to the disputed questions of fact, which cannot be adjudicated upon by this court under
Sections 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid
down by the Supreme Court in cases of R.P. Kapur versus State of Punjab, AIR 1960 SC 866,
State of Haryana versus Bhajan Lal, 1992 SCC (Cr) 426, State of Bihar versus P.P. Sharma,
1992 SCC(Cr) 192, and lately Zandu Pharmaceutical Works LTD. versus Mohd. Saraful Haqe
and another (Para 10), 2005 SCC (Cr.)283. The disputed defense of the accused cannot be
considered at this stage. Moreover, the applicants have got a right of discharge under Section 239
or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they
are free to take all the submissions in the said discharge application before the trial court.
In the event such an application is filed within one month from today, the trial court is directed to
consider and dispose it off within a period of two months from the date of it’s filing.
The prayer for quashing the summoning order is refused.
The criminal miscellaneous application is rejected with a direction that the bail prayer of the
applicants be considered on the same day after hearing the Public Prosecutor.
With the aforesaid directions, this application is dismissed.
Order Date :- 7.7.2010
F.H.