Court No. - 85
Case :- APPLICATION U/S 482 No. - 19608 of 2021
Applicant :- Jagdish
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shivendra Raj Singhal,Madhukar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the material on record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet arising out of Case Crime No. 242 of 2013, registered as Case No. 1321 of 2020, under Section 3/7 of Essential Commodities Act, 1955, Police Station Harduaganj, District Aligarh pending before learned Additional Chief Judicial Magistrate, Court No.1, District Aligarh as well as to quash the cognizance and summoning order dated 06.10.2020 passed in the aforesaid case and all consequential proceedings of the aforesaid case.
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 applicants involves adjudication of a factual dispute 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, charge sheet, cognizance order and proceedings of the aforesaid case is refused. The application stands dismissed.
Order Date :- 25.10.2021 S.Ali