Court No. - 45
Case :- APPLICATION U/S 482 No. - 36421 of 2018
Applicant :- Gufran
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Krishna Mohan Tripathi,Sunil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 106 of 2017 dated 16.6.2017 as well as the entire proceedings of Case Crime No. 207 of 2017 (State Vs. Askar and others), under Sections- 406, 323, 504, 506 I.P.C., Police Station Azim Nagar, District- Rampur, pending in the court of Judicial Magistrate, Rampur.
Submission is that the Investigating Officer has wrongly submitted the Charge-sheet against the applicant under Section 406 IPC. As per the material collected by the Investigation Officer, no such offence is made out against the applicant. The offence is made out against co- accused Askar. It is open for the applicant to raise his grievances at the time of framing charges.
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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 at this stage. 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.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 prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 31.10.2018 Ruchi Agrahari