Court No. - 69
Case :- APPLICATION U/S 482 No. - 712 of 2009
Applicant :- Mohammad Arif And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pankaj Bharti
Counsel for Opposite Party :- Govt. Advocate,Manoj Vashistha,Nipun Singh,Sunil.Vashishta
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pankaj Bharti, learned counsel for the applicants and Sri Sanjay Sngh, learned A.G.A.-I.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Case No.449/9 of 2008 (State Vs. Mohammad Arif and others) arising of Case Crime No.638 of 2008, under Sections 420, 467, 468, 471 I.P.C., Police Station Budhana, District Muzaffar Nagar, pending in the Court of learned Judicial Magistrate, Budhana, Muzaffar Nagar.
The contention of learned counsel for the applicants is that 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 applicants. All the submission made at the bar relates to the disputed question 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 disputed defence of the accused cannot be considered at this stage.
Moreover, the applicants have got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the aforesaid proceedings is refused.
For a period of 45 days from today or till the disposal of the discharge application whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not moves discharge application within 15 days from today before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 21.8.2019 Dev/-