Court No. - 62
Case :- APPLICATION U/S 482 No. - 19218 of 2018
Applicant :- Ashok Kumar Singh And Anr
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of criminal case no. 5063 of 2012 (State vs. Ashok Kumar and other) arising out of case crime no. 263 of 2012 under Section- 323, 324, 504 IPC, P.S. Puramufti, District-Kaushambi pending before Chief Judicial Magistrate-Kaushambi 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 mala fide 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 Sections 239 or 227 or 245 Cr.P.C. as the case may be, through a proper application for the said purpose 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 aforesaid case and order impugned is refused.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 S Rawat