Court No. - 13
Case :- APPLICATION U/S 482 No. - 38117 of 2018
Applicant :- Mohd. Aslam Pravez
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Manoj Kumar Shukla, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.4073 of 2016 (State Vs. Mohd. Aslam Pravez) arising out of Case Crime No.96 of 2014, under Sections 406, 420, 504, 506 I.P.C., P.S. Industrial Area, District Allahabad pending in the court of learned A.C.J.M.-I, Allahabad including the charge-sheet no.83 of 2015 dated 30.7.2015 and cognizance order dated 20.12.2016.
The contention of learned counsel for the applicant 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 referred to certain evidence 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.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is accordingly dismissed.
However, if the applicant appears before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
The applicant is at liberty to move the application for mediation before the trial court, if he wishes.
Order Date :- 27.10.2018 Kpy