Saudan Singh and Others vs State of U.P. and Another

Surendra Singh, J.—Heard Learned Counsel for the applicants as well as learned A.G.A. and perused the material placed on the record.

The present 482 Code of Criminal Procedure. petition has been filed for quashing the proceedings of Complaint Case No. 850 of 2011 (Gulsan Kumar v. Saudan Singh and Ors., under Sections 323, 504 and 506 I.P.C., pending in the court of IInd Additional Chief Judicial Magistrate, Ghaziabad.

The contention of the 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 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 u/s 482 Code of Criminal Procedure. 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, 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 u/s 245 Code of Criminal Procedure. 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 proceedings is refused.

However, it is provided that if the applicants appear and surrender before the courts below within 3 weeks from today and apply for bail, then their prayer for bail shall be considered 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 (affirmed by Hon''ble Apex Court in Kamlendra Pratap Singh v. State of U.P.),. For a period of 3 weeks 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 observation, the application is finally disposed of.