Court No. - 49 Case :- APPLICATION U/S 482 No. - 25055 of 2010 Petitioner :- Shyam Krishna And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kumar Ashutosh Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A.
The present application under Section 482 Cr. P. C. has been filed for
quashing the summoning order dated 9.6.2010 passed by the A. C. J.
M., Deoria whereby the learned Magistrate has summoned the
applicants to face the trial for the offence, under Sections- 147, 323,
452, 504 and 506 I. P. C. in Complaint Case No. 866 of 2010 registered
at P. S.- Baghochghat, District-Deoria.
The contention of learned counsel for the applicants is that no offence
against the applicants is disclosed and the present prosecution has been
instituted against the applicant with a malafide intention for the purpose
of harrasing the applicant. He pointed out certain documents and
statements in support of his contention.
From the perusal of the 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 submission made at the bar relates to the
disputed question of fact, which cannot be adjudicated upon by this
Court under Section 482 Cr.P.C. At this stage only prima facie case is to
be seen in the light of the law laid down by Supreme Court in cases of
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana
Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma,
1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs.
Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The
disputed defence of the accused cannot be considered at this stage.
Moreover, the applicants have got 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.
The prayer for quashing the summoning order is refused.
However, it is directed that the applicants shall appear and surrender
before the court below within 30 days from today and apply for bail,
their prayer for bail shall be considered and decided in view of the
settled law laid by this Court in the case of Amrawati and another Vs.
State of U.P. reported in 2004 (57) ALR 290 as well as judgement
passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal
Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days
from today or till the disposal of the application for grant of bail
whichever is earlier, no coercive action shall be taken against the
applicants. However in case the applicants do not appear before the
Court below within the aforesaid period, coercive action shall be taken
against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 4.8.2010
HR
