Court No. - 1
Case :- APPLICATION U/S 482 No. - 25011 of 2018
Applicant :- Mahipal And 3 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajnish Kumar Pandey ,learned counsel for the applicants, and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 04.05.2017 as well as entire criminal proceeding of Case No. 643 of 2018 (State v. Mahipal and others) arising out of Case Crime No. 107 of 2017, U/s 307, 504, 506 I.P.C., P.S.-Fatehganj East, District- Bareilly.
The contention of learned counsel for the applicant is that the present prosecution of the applicant is false one. The present case has been concocted by fabricating medical examination report of the injured. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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. 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 criminal proceeding of the aforesaid case based on charge sheet is refused.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2018 VG..