Court No. - 1
Case :- APPLICATION U/S 482 No. - 24879 of 2018
Applicant :- Mohit Kumar Singh
Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Singh, learned counsel for the applicant and Sri A.R. Chaurasia, 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. 2650 of 2016 arising out of N.C.R. No.
217 of 2014 under sections 324, 325, 504, 308 I.P.C., police station Subhash Nagar, District Bareilly.
Learned counsel for the applicant submits that earlier the N.C.R. was lodged against the applicant by opposite party no. 2 for the offence under sections 323, 504 I.P.C. Thereafter, during the course of investigation offence under sections 324, 325 I.P.C. has been added and subsequently charge-sheet has been submitted under section 308 I.P.C. also along with other penal offences.
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 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 proceedings of the aforesaid case based on the charge-sheet is refused.
However, if the applicant surrender before the court below and apply for bail, the court below while considering his prayer for bail shall take into account the fact as argued by learned counsel for the applicant.
The application stands disposed of.
Order Date :- 25.7.2018 Shiraz