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2016 DIGILAW 3746 (ALL)

Dharmraj v. State of U. P.

2016-11-18

VINOD KUMAR SRIVASTAVA-III

body2016
JUDGMENT Heard, Sri Rajiv Dwivedi, learned counsel for the applicants and Sri P.K. Srivastava, learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding of Criminal Case No. 782/IX of 2016, (State Vs. Dharmraj and others) under Sections 504, 506 I.P.C. and 3(1) (X) S.C./S.T. Act, Police Station Rajapur District Chitrakoot, pending in the Court of Chief Judicial Magistrate, Chitrakoot and the charge sheet dated 23.2.2016 submitted by the Investigating Officer in Case Crime No. 10 of 2016, under Sections 504, 506 I.P.C. and 3 (1) (X) S.C./S.T. Act, Police Station Rajapur, District Chitrakoot. Further prayer has been made to stay the further proceeding of the aforesaid case. Learned counsel for the applicants submitted that the accused-applicants have falsely been implicated in the present case, due to enmity of Panchayat election. He further submitted that no such incident took place, only general allegations have been levelled against the applicants. Learned A.G.A. opposed the prayer for quashing the proceeding of criminal case as well as impugned charge sheet. Having heard the submissions of learned counsel for the applicants and perused the record, it transpires that a prima facie case is made out against the applicants. It also appears that the Investigating Officer has collected a prima-facie relevant evidence and the submissions made by the learned counsel for the applicants, relates to the disputed fact of defence, which cannot be adjudicated by this Court under Section 482 Cr.P.C. at this stage, no ground is made out for quashing the charge sheet. Therefore, prayer for quashing the proceeding of criminal case as well as charge sheet is hereby refused. However, if applicants appear and surrender before the court below within 30 days from today and applies for bail, their bail application shall be considered expeditiously in accordance with law. Till then no coercive action shall be taken against the applicants. With the aforesaid observations, the application stands disposed of.