Court No. - 4
Case :- APPLICATION U/S 482 No. - 9205 of 2004
Applicant :- Arvind Dohre
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- V.P.S. Kushwaha,V.S. Kushwaha Counsel for Opposite Party :- Govt. Advocate,S.S. Chauhan Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 123 of 2004, arising out of Case Crime No. 115 of 2003, under Sections 419, 420, 467, 468, 471 and 120-B IPC, P.S.- Jagdishpura, District- Agra pending before the IVth Additional Chief Judicial Magistrate, Agra as well as charge sheet dated 10.12.2003.
The contention of the 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.
Per contra learned AGA submitted that 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. The submissions made by learned counsel for the applicant relates to 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge 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 submissions made by learned AGA have force.
The prayer for quashing the proceedings of the aforementioned case and the chargesheet is refused.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within four weeks from today and apply for bail, then his bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Order Date :- 27.4.2018/SA