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Judgment
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicants with the prayer to quash the charge sheet dated 8.2.2020 and cognizance order in case no. 694 of 2020, State Vs. Toofani Yadav, arising out of case crime no. 217 of 2019, u/s 323, 325, 504, 506, 352, 308 I.P.C. P.S. Mehnagar, District Azamgarh.
As per the allegations made in the FIR, it is alleged that on 10.11.2019 at about 8.00 a.m. the applicants armed with deadly weapon assaulted the victim. On account assault made by the applicants, Roshan Singh and Dinesh Singh suffered injuries on their person and have been medically examined.
Learned counsel for the applicants has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants 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, as such, charge sheet be quashed.
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 applicant and as such, the charge sheet cannot be quashed.
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.
The prayer for quashing the charge sheet is therefore refused.
However, it is directed that if the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible.
With the aforesaid observations, this application under Section 482 Cr.PC is finally disposed of.