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2016 DIGILAW 1356 (ALL)

Ram Sanehi Pal v. State of U. P.

2016-04-12

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. Heard learned counsel for the applicants and the learned AGA for the State and perused the record. 2. This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet no. 211 of 2011 dated 25.6.2011 as well as the entire proceedings in Case No. 4470 of 2011, arising out of Crime No. 377 of 2011, under Sections 323, 504 and 506 IPC and 3(1) 10 SC/ST Act, Police Station Kotwali Kannauj, District Kannauj pending before the Chief Judicial Magistrate, Kannauj. 3. It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. 4. Learned AGA has opposed the prayer. 5. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 prayer made in the application is refused. 6. However, the application is disposed of with a direction to the applicants to surrender before the court below within fifteen days from today. For a period of fifteen days from today, no coercive action shall be taken/ given effect to against the applicants. 7. In case of default, the Court below will be at liberty to take all coercive steps against the applicants for ensuring their appearance. With the aforesaid observations, the application is disposed of.