Court No. - 52
Case :- APPLICATION U/S 482 No. - 6717 of 2018 Applicant :- Ajay @ Sanjay Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Short counter affidavit filed on behalf of opposite party no.2 by Sri Kunwar Digvijay Singh, Advocate is taken on record.
Heard Sri Surendra Kumar Tripathi, learned counsel for the applicants, Sri Kunwar Digvijay Singh,learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 8.2.2018 passed by Additional Sessions Judge, Court No.18, Agra in S.T. No.342 of 2011 (State Versus Jaswant and others) arising out of Case Crime No.157 of 2003 Section 306 I.P.C., P.S. Basai Arela, District Agra.
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.
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 submission 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.
The prayer for quashing the proceedings as well as order impugned is refused.
The application under Section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 28.2.2018 MN/-