Court No. - 80
Case :- APPLICATION U/S 482 No. - 11852 of 2021 Applicant :- Devi Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Shahanshah Khan
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 15.03.2020, cognizance order dated 13.08.2020 and entire proceedings of Case No. 265 of 2020, arising out of Case Crime No. 24 of 2020, under Sections 419, 420, 467, 468 I.P.C., Police Station Kachhawan, District Mirzapur, pending in the court of Additional Civil Judge (Sr. Div.), Mirzapur.
As per the allegations made in the FIR, it is alleged that the opposite party no.2 Ramdular on the basis of sale deed dated 17.09.1947 is owner of the shop in question. Since then, he has been running his business from the said shop. On 31.01.2020, on the basis of forged and fictitious documents, the applicant has sold the said shop to one Shakuntala Devi.
Learned counsel for the applicant has submitted that the applicant Devi Prasad is owner of half of the shop and therefore, no offence against the applicant is made out and the present application has been instituted with a malafide intention for the purpose of harassment. He has also pointed out certain documents in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and he has rightly been summoned to face trial and as such, impugned charge-sheet, summoning order and entire proceedings cannot be quashed.
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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the impugned charge-sheet, summoning order and entire proceedings is refused.
This application under Section 482 CrPC lacks merits and is accordingly dismissed.
Order Date :- 12.8.2021 Nadim Digitally signed by RAJIV GUPTA Date: 2021.08.12 17:33:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad