Court No. - 53
Case :- APPLICATION U/S 482 No. - 33734 of 2018 Applicant :- Jumma Khan And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Case No. 11/2018 'State vs. Jumma Khan' (arising out of Case Crime No. 0666/2017) under Section 147, 148, 452, 323, 504, 506 IPC, P.S.
Sadabad District Hathras pending in the court of learned Additional Chief Judicial Magistrate, Sadabad, Hathras.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicant, on the basis of which the impugned charge sheet can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the charge sheet is refused.
Considering the facts and circumstances of the case, it is provided that 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, 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.
However, in case the applicant makes an application for discharge at the appropriate stage, the same shall be considered in accordance with law uninfluenced by anything said in this order.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 25.9.2018 Deepak