Court No. - 1
Case :- APPLICATION U/S 482 No. - 24868 of 2018
Applicant :- Aas Mohammad
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Devesh Kumar Shukla has filed vakalatnama on behalf of opposite party no. 2 which is taken on record.
Heard Sri G.S. Mishra, learned counsel for the applicant, Sri D.K. Shukla, learned counsel for the opposite party no. 2 and Sri A.R. Chaurasia, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 3114 of 2018 under sections 366, 376, 504, 506 I.P.C., police station Quarsi, District Aligarh as well as the summoning order dated 21.5.2018 passed in the aforesaid case.
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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned counsel for the opposite party no. 2 has pointed out that the applicant has challenged the F.I.R. of the present case before this Court in Crl. Misc. Writ Petition No. 4838 of 2018 which was dismissed by this Court vide order date 14.5.2018. Moreover, the victim in her statement recorded under section 164 Cr.P.C. has levelled specific allegation of rape against the applicant.
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 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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet and the summoning order is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018 Shiraz