Court No. - 52

Case :- APPLICATION U/S 482 No. - 14421 of 2022

Applicant :- Shiva Singh @ Shivank Singh And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Arvind Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and

perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to

quash the summoning order dated 19.4.2022 as well as entire proceedings

of Case No. 472 of 2020, under Section 323, 452, 354 IPC, P.S. Kapsethi,

District Varanasi.

The contention of the learned counsel for the applicants is that no offence

against the applicants is disclosed and the present prosecution has been

instituted with malafide intentions for the purposes of harassment.

From 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

applicants have got a right of discharge before the court below and they

are free to take all the submissions in the said discharge application before

the trial court.

The prayer for quashing the proceedings of case as well as charge sheet is

refused.

At this stage, learned counsel for the applicants submitted that directions

may be given to the court below to consider the bail application of the

applicants in view of the judgment in the case Satendra Kumar Antil vs.

Central Bureau of Investigation and another, 2021 SCC Online SC

922.

In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court

laid down the guidelines for deciding of the bail application. For that

purpose, the cases have been divided under four categories. The Hon'ble

Supreme Court has observed that the trial courts and the High Courts will

keep in mind the aforesaid guidelines, while considering the bail

application. This Court has no doubt, that as and when, the applicants

approach the trial court for bail, the trial court shall definitely follow the

directions given in the case of Satendra Kumar Antil (supra).

However, considering the nature of the allegations made in the F. I. R. and

submissions made by learned counsel for the applicants, it is directed that

in case the applicants appear and surrender before the court concerned

within 30 days from today and apply for bail, the same shall be heard and

disposed of expeditiously by the courts below in view of the settled law

laid by this Court in the case of Satendra Kumar Antil (Supra).

With the above directions, this application u/s 482 is disposed of finally.

Order Date :- 9.6.2022

RavindraKSingh

Digitally signed by RAVINDRA

KUMAR SINGH

Date: 2022.06.10 16:43:40 IST

Reason:

Location: High Court of Judicature at

Allahabad