Court No. - 1
Case :- APPLICATION U/S 482 No. - 34143 of 2018
Applicant :- Mukhtar Ali @ Bablu
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prateek Rai,Neeraj Rai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Rai, learned counsel for the applicant and Sri Gambhir 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 entire proceedings of S.S.T. No. 13 of 2018 arising out of case crime no. 230 of 2018 under sections 120-B I.P.C. and 7, 8, 13 (1) (d) and 13 (2) Prevention of Corruption Act, police station Thana Cantt., District Varanasi and the charge-sheet dated 10.5.2018 as well as cognizance order dated 10.5.2018 passed in the aforesaid case.
Learned counsel for the applicant submits that the applicant has no concern with the Electricity department. He was not employed in the said department at any point of time and he is a private individual. He argued that the applicant had lent Rs. 50,000/- to the complainant on loan out of which only Rs. 20,000/- was returned by him and when the applicant demanded the rest of the amount he has been implicated in the present case in collusion with opposite party no. 2 to teach him a lesson levelling false and frivolous allegations, hence the entire proceedings of the present case including the charge-sheet as well as order taking cognizance of the same is liable to be quashed.
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.
Learned A.G.A. opposed the prayer for quashing of the proceedings of the present case, charge-sheet and the cognizance order and submitted that the applicant's involvement in the present case cannot be ruled out. Moreover, the applicant has already been granted bail by this Court in the present case and the trial of the present case has also been expedited and just to delay the proceedings of the trial, the applicant has filed the present application.
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, the charge- sheet and the cognizance order is refused.
The application lacks merit and is accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018 Shiraz