Mahesh Thakur And 4 Others Vs. State Of U.P. & Another

Allahabad High Court (Single Judge)

APPLICATION U/s 482, 13953 of 2015, Judgment Date: May 21, 2015

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 submissions made at the bar relate to the disputed questions 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.IR. 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 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

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 47 

Case :- APPLICATION U/S 482 No. - 13953 of 2015 

Applicant :- Mahesh Thakur And 4 Others 
Opposite Party :- State Of U.P. & Another 
Counsel for Applicant :- Sanjay Kumar 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Bachchoo Lal,J. 

Heard learned counsel for the applicants and learned A.G.A. for the State. 
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 682 of 2014 (Munna Ram Vs. Mahesh Thakur & others) as well as the impugned order dated 2.4.2015 passed by the learned Additional Civil Judge. (JD) / Judicial Magistrate, Ballia by which the applicants were summoned� under Sections 323, 504, 506, 452 IPC and section 3 (iI) X SC/ST Act. 
The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statement 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 submissions made at the bar relate to the disputed questions 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.IR. 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 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.� 
The prayer for quashing the entire proceedings as well as impugned order is refused. 
However, it is directed that if the applicants 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 anotherVs. 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 UP. For a period of 30 days from today or till the applicants surrender and apply for 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 :- 21.5.2015