Court No. - 41
Case :- APPLICATION U/S 482 No. - 28833 of 2019
Applicant :- Chhotey Chamar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kunwar Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 2.4.2019 and impugned charge sheet no. nil of 2018 dated 20.5.2018, under sections 323, 504 IPC, arising out of N.C.R. No. 219 of 2016 (State Vs. Chhotey and others), P.S. Bindki, District Fatehpur pending in the court of Chief Judicial Magistrate, Fatehpur.
The contention of the learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statement 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 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.IR. 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 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the cognizance order dated 2.4.2019 and the impugned charge sheet dated 20.5.2018 as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application under Section 482 Cr.P.C. is dismissed.
Order Date :- 25.7.2019 Mohit