Gayatri Prasad and Others vs State of U.P. and Another

Rajesh Dayal Khare, J.—Heard learned Counsel for the applicants and learned A.G.A. for the State respondent.

The present 482 Cr.P.C. application has been filed for quashing of the chargesheet dated 10.8.2010 in Case Crime No. 219 of 2004 and Case No. 1155 of 2005 under Sections 323, 427 I.P.C. pending before the Additional Chief Judicial Magistrate, Allahabad.

It is contended by learned Counsel for the applicants that it is a no injury case and civil suit is also pending between the parties before the Civil Court being Civil Suit No. 1172 of 2004. Learned Counsel for the applicants has drawn the attention towards para-16 of the accompanying affidavit and has contended that the applicants had no knowledge about the filing of the present chargesheet and the learned Magistrate had not issued notice, therefore, there is no laches on the part of the applicants in approaching this Court.

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 u/s 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. The State of Punjab, State of Haryana v. Bhajan Lal 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (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 Sections 239 or 227/228 or 245 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 charge-sheet is refused.

However, it is provided 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 Anr. v. State of U.P. reported in 2004 (57) ALR 290 as well as Judgment passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh v. 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 off.