Court No. - 82
Case :- APPLICATION U/S 482 No. - 41721 of 2019 Applicant :- Horilal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicants, learned A.G.A. and perused record.
This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet No. 106 of 2018 dated 2019 (State Vs. Horilal and others) arising out of Case Crime No. 94 of 2018 under Sections 452, 323, 504, 506 I.P.C., Police Station - Harduaganj, District - Aligarh pending before the Court of Additional Chief Judicial Magistrate- 5th, Aligarh.
Learned counsel for the applicants contends that applicants have falsely implicated in the F.I.R. lodged by Opposite Party No. 2; that applicants did not commit the offence in question and Investigating Officer has submitted charge-sheet without proper investigation.
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.I.R. 1960 S.C. 866, State of Harayana 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.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court of likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is disposed of accordingly.
However, if the applicants appear before the court below and move application for bail, the same shall be disposed of expeditiously in accordance with law.
Order Date :- 26.11.2019 Sachin