Court No. - 69
Case :- APPLICATION U/S 482 No. - 1410 of 2009
Applicant :- Amit Kumar Alleged Name Mithilesh Kumar And Another
Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ravindra Prakash Srivasta Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire criminal proceedings of Complaint Case No. 1005 of 2008, under sections 504 and 3/4 Dowry Prohibition Act, Police Station Gaur, District Basti pending in the court of Judicial Magistrate Second, Basti Court No. 13, District Basti.
The contention of learned counsel for the applicants is that no offence against the applicants 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.
Moreover, the applicants have got a right of discharge under section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose either personally or through counsel and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
With the aforesaid directions, this application is finally disposed off.
Till the disposal of discharge application, no coercive action shall be taken against the applicant.
Order Date :- 21.8.2019 Arti