Allahabad High Court: In an application filed by Randeep Singh Surjewala, Indian politician from Haryana and a member of Indian National Congress party, under Section 482 Code of Criminal Procedure, 1973 (CrPC) filed for quashing the entire proceedings of Case under Sections 147, 332, 353, 336, 333, 427 of the Penal Code, 1860 (‘IPC’), Section 7 of Criminal Law Amendment Act and Section 3 of Prevention of Damage to Public Property Act, the Single Judge Bench of Rajiv Gupta,J. while refusing the prayer for quashing the entire proceedings, said that this Court is not in a position to weigh the factual matrix of the case properly, but Randeep Singh has a right to file a discharge application before the Trial Court.
Randeep Singh submitted that from perusal of the allegations made in the FIR and the material collected during investigation, no offence is disclosed against him, and the present case has been instituted with a malafide intention for the purpose of harassment, further he has already been directed to be released on bail thus, entire proceedings should be quashed.
Per Contra, the Government Advocate has submitted that from perusal of the allegations made in the FIR and the material collected during investigation, prima facie offence is clearly made out against Randeep Singh and as such, entire proceedings cannot be quashed.
The Court opined that it cannot be said that no offence is made out against Randeep Singh. All the submissions made relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. Further, after placing reliance on R.P. Kapur v. State of Punjab, (1960) 3 SCR 388 and various other Supreme Court cases on similar lines, it said that at this stage, only prima facie case is to be seen. Thus, the disputed defence of Randeep Singh cannot be considered at this stage.
However, the directed that in case Randeep Singh files an application for discharge before the Trial Court within a period of two weeks, the same be considered and decided expeditiously within six weeks. Further, no coercive action be taken against him till the disposal of the discharge application.
[Randeep Singh Surjewala v. State of U.P, 2023 SCC OnLine All 95, order dated 20-03-2023]
Advocates who appeared in this case :
Counsel for Applicant: Advocate Akhilesh Singh, Advocate Shivam Yadav
Counsel for Opposite Party: Government Advocate