Court No. - 1
Case :- APPLICATION U/S 482 No. - 25074 of 2018
Applicant :- Avnendra Veer Snatak
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Manish Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Manish Kumar Dwivedi, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as Charge sheet dated 17.11.2017 in case no. 02 of 2018 (State vs. Avnendra Veer Snatak) arising out of Case Crime no. 900 of 2017, under Section 354, 504 I.P.C. and 10 POCSO Act, Police Station Izzatnagar, District Bareilly.
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 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 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 proceedings as well as the charge sheet submitted in the aforesaid case is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018 Ashok Gupta