Court No. - 49
Case :- APPLICATION U/S 482 No. - 1868 of 2019 Applicant :- Ashok Agrawal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhan Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Umesh Chandra Tewari, holding brief of Shri Chandra Bhan, learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application under sections 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing the charge sheet in Case Crime No. 0088 of 2018, under Sections 498-A, 323, 354, 377, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, district Rampur, pending in the court of Chief Judicial Magistrate, Rampur.
Learned counsel for the applicants contends that applicant is Mamiya Sasur of the informant and he has nothing to do with the crime. He further submits that applicant is not the beneficiary of the dowry, if any, demanded.
Per contra, learned Additional Government Advocate submitted that after investigation charge sheet has been submitted 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 prima facie no offence is made out against the applicant. All the submissions made at the bar relates to the disputed question of facts, 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 Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283.
The disputed defence of the accused also cannot be considered at this stage.
The prayer for quashing of the charge sheet is refused.
The application is accordingly rejected.
However, it is provided that if the applicant appears before the court concerned within one month from today and applies for bail, his prayer for bail shall be heard and disposed of as early as possible in accordance with law.
Order Date :- 25.1.2019 Ishrat