Court No. - 17
Case :- APPLICATION U/S 482 No. - 47478 of 2018
Applicant :- Gaurav Arora And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A..
Hon'ble Suresh Kumar Gupta,J.
List revised. None is present for the applicants.
Heard Ms. Ruchi, opposite party no. 2 in person and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of criminal case No. 17816 of 2018 as well as charge sheet dated 9.2.2018 submitted in case crime no. 8 of 2018 under Sections 504,506, 427 I.P.C., police station Najirabad, district Kanpur Nagar.
The contention of the 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.
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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 applicants have got a right of discharge according to the provisions prescribed in 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 proceedings and charge sheet is refused. With the aforesaid directions, this application is finally disposed of. Order Date :- 27.2.2019 A. Pt. Singh