Court No. - 45
Case :- APPLICATION U/S 482 No. - 6993 of 2018 Applicant :- Chhote Dixit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 3.5.2017 as well as the cognizance order dated 18.8.2017 passed by the court below and entire proceedings of case no. 4587 of 2017, State Vs. Chhote Dixit , case crime no. 231 of 2016, under sections 452,504,307 I.P.C.
P.S. Jalalabad District Shahjahanpur.
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. In support of his contention he relied upon certain documents and the statements of the complainant as well as the witnesses.
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 relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. The disputed questions of fact cannot be considered at this stage.
The prayer for quashing the criminal proceedings /charge sheet is hereby refused.
This application under section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 28.3.2018 MLK