Court No. - 1
Case :- APPLICATION U/S 482 No. - 24867 of 2018
Applicant :- Balram @ Balram Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Manish Joshi, learned counsel for the applicant and Sri Deepak Mishra, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 12.11.2012 filed in case no. 819 of 2013 arising out of case crime no. 450 of 2012 under sections 147, 148, 341 I.P.C. and 7 C.L.A. Act, police station Noorpur, District Bijnor.
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 charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018 Shiraz