Court No. - 1
Case :- APPLICATION U/S 482 No. - 7746 of 2018
Applicant :- Manoj Kumar Soni @ Guddu Soni
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Ravindra Nath Yadav,Abhishek Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.N.Yadav and Sri Abhishek Kumar Yadav, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated dated 16/17.9.2017 arose from Case Crime No. 455 of 2017, under Sections 323, 504, 326(B) I.P.C., police station Khutahan, District Jaunpur and cognizance order dated 19.2.2018 as well as entire criminal proceedings of the aforesaid case.
It has been submitted by learned counsel for applicant that the applicant has got himself bailed out in the present case. Meanwhile, the witnesses have filed affidavit that the applicant was not involved rather his brother was involved in the present case and the bail cancellation application was also filed before this court in which notice was issued. Hence, the applicant has come before this Court for quashing of the charge-sheet on the said ground.
Learned AGA opposed the aforesaid prayer.
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 proceedings of the aforesaid case based on the charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 28.3.2018 A.K.Srivastava