Court No. - 62
Case :- APPLICATION U/S 482 No. - 19233 of 2018
Applicant :- Aakil
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 01 of 2017 and cognizance order dated 10.11.2017 in criminal case no. 233 of 2017 (State vs. Aakil) arising out of case crime no. 10 of 2017 under Sections-323, 504, 506, 376 IPC and POCSO Act, P.S.-Murad Nagar, District-Ghaziabad pending in the court of learned Special Judge POCSO Act, Ghaziabad.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 Sections 239 or 227 or 245 Cr.P.C. as the case may be, through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings, complaint case and order impugned is refused.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 S Rawat