Prem Singh Alias Putti Singh v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40590 of 2023 Applicant :- Prem Singh Alias Putti Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for applicant and the learned A.G.A. for State.

¶3This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 18.12.2018 as well as the entire proceedings of S.T. No.284 of 2009, arising out of Case Crime No.652 of 2008, under Sections 307, 504, 506 IPC, P.S. Barra, District Kanpur Nagar.

¶4At the very outset, learned counsel for applicant submits that as per material on record, no offence under the summoning sections is made out against applicant. As such impugned summoning order as well as entire proceedings of aforesaid case are liable to be quashed by this Court.

¶5Per contra, learned AGA has submitted that from the perusal of the allegations made in the case and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.

¶6From the perusal of 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 applicant. 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 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. 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239, 245(2) or 227/228 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court.

¶7The prayer for quashing the proceedings of case as well as order is refused.

¶8At this stage, learned counsel for the applicant submit that applicants may be permitted to move discharge application before the court concerned.

¶9Keeping in view the facts and circumstances of the case, it is directed that the applicant will move a proper application for discharge through counsel within four weeks from today and they he is to take all the submissions in the said discharge application before the Trial Court, which shall be considered and disposed of by the Trial Court in accordance with law within a period of two months. For a period of four weeks from today, no coercive action shall be taken against the applicant.

¶10Accordingly, the present application is disposed of. Order Date :- 23.11.2023 Sanjeet High Court of Judicature at Allahabad