Court No. - 55
Case :- APPLICATION U/S 482 No. - 37070 of 2018
Applicant :- Dr. Sunil Khajuria And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Prakash Ojha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ved Prakash Ojha, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 16.1.2017 passed by the Additional Sessions Judge (D.A.A. Act), Lalitpur in S.S.T. No.32/2015 (Smt. Sarita Vs. Dr. Sunil Khajuria and others) charges under Section 394 I.P.C. has been framed against the applicants.
The contention of learned counsel for the applicants 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 statements in support of his contention. It is further submitted that the applicant has already been surrender before the concerned Court below and are on bail the said fact has been mentioned in para 10 of the affidavit accompanying this 482 Cr.P.C. application.
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 submission made at the bar relates to the disputed question 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the aforesaid proceedings is refused. With the aforesaid directions, this application is finally disposed off.
Order Date :- 29.10.2018 Dev/-