Court No. - 85
Case :- APPLICATION U/S 482 No. - 13902 of 2021
Applicant :- Kishori Lal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Tripathi,Ashok Kumar Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire criminal proceedings arising out of Criminal Complaint Case No. 3241 of 2013 (Ram Naresh vs. Kishori Lal and others), u/s 452, 376, 323, 504 an 506 I.P.C., P.S.- Sikandrarao, District- Hathras, pending in the Court of Chief Judicial Magistrate and also quash the summoning order dated 5.11.2019 passed by C.J.M., Hathras.
The contention of learned counsel for the applicants is that the present case has been filed merely as a means of counter blast to the criminal complaint Case No. 35/2011 (Smt. Laungashri vs. Ram Naresh and others) in which the O.P. No.2 and other accused persons have been summoned to face the trial. The order dated 5.11.2019 has been passed without application of mind. Further submission is that no offence against the applicants 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.
There is no illegality or infirmity in the impugned order, hence, the prayer for quashing the summoning order dated 5.11.2019 and entire proceeding of the aforesaid case is refused.
The application stands dismissed. Order Date :- 21.9.2021 Vandana