Rajesh Singh Chauhan,J.

1. Heard Shri R.N.S. Chauhan, learned counsel for applicant as well as Shri Anurag Varma, learned Additional Government Advocate for State and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant- Bhupendra Verma with the prayer to quash the charge sheet dated 3.8.2021, arising out of Case Crime No. 61/2021, under Sections 143, 147, 148, 323, 324, 308, 504, 506 IPC, Police Station Kotwali, District Unnao as well as cognizance/ summoning order dated 9.8.2021 passed by learned Chief Judicial Magistrate, Unnao in Criminal Case No. 11366/2021 (State Vs. Praveen Kumar and others) and entire proceeding thereof, so far it relates to the applicant.

3. Learned counsel for applicant submits that the F.I.R. in the instant case has been filed with malafide intention on the basis of local political rivalry and no offence as stated in the F.I.R. has been committed by the applicant.

4. It is further submits that even if the case of the prosecution is taken on its face value, no offence is made out by the applicant and moreover the applicant was not present at the scene of the crime and his name has been unnecessarily dragged in this case only for the purpose of pressurizing to co-accused to bow the terms of the informant side

5. It is also submitted that though the applicant has been released on bail by the concerned police station but he is ready to participate in the trial by appearing before the trial court but he is having an apprehension that if he will move bail application before the trial court the disposal of the same may taken a long time and thus suitable direction be given to the trial court for expeditious disposal of the same.

6. It is further submitted that pendency of the instant criminal proceedings against the applicant is nothing but the abuse of the process of law and, therefore, the charge sheet as well as the summoning order whereby the applicant was summoned be quashed.

7. Learned Additional Government Advocate, however, controverts the submissions of learned counsel for applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.

8. From the perusal of the 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 applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings 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 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, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 [LQ/SC/2017/1450] .

9. Therefore, keeping in view the facts and circumstances of the case, the prayer for quashing the Charge-sheet, summoning order as well as all proceedings of the aforesaid case is hereby refused.

10. In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant, the application is disposed of with direction to the trial Court that if the applicant appears and surrenders before the Court below within 20 days from today and applies for bail, his prayer for bail may be considered, strictly, in accordance with law, with expedition.

11. So far as the contention of learned counsel for the applicant pertaining to his non presence on the scene and claiming plea of alibi is concerned the same may be taken at appropriate stage even at the stage of Sections 227 and 228 of Cr.P.C. and if such a plea is taken either by moving an application or by informing the trial court at the time of framing of the charges, the trial court shall be under an obligation to dispose of the same after providing an opportunity of being heard to the parties, strictly, in accordance with law.