Court No. - 85
Case :- APPLICATION U/S 482 No. - 1093 of 2021 Applicant :- Smt. Asma Shams And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.A. Haseen Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 02.08.2018 and order dated 06.08.2019 as well as entire criminal proceedings of Case No.1110 of 2019 (State of U.P. Vs. Asma Shams Principal and others) arising out of Case Crime No.174 of 2018, under Sections 506 I.P.C. and 75 of J.J. Act, Police Station- Kareli, District- Allahabad, pending in the court of J.M. IV, Allahabad.
Submission of learned counsel for the applicant is that the allegations as has been levelled in the F.I.R. are totally incorrect and false and neither the child was subjected to any punishment nor any cruelty has been inflicted upon him. 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.
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 at this stage. All the submissions made at the bar, relate to the 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 prayer for quashing the entire proceeding of the aforesaid case is refused.
The application stands dismissed.
Order Date :- 13.8.2021/ shiv