Court No. - 43
Case :- APPLICATION U/S 482 No. - 28189 of 2018 Applicant :- Munni And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Kumar Pandey,Parvesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 1106 of 2015 (Ekbal Vs. Munni and others), under Sections 323, 504 IPC, P.S. Chandpur, District Bijnor, pending in the Court of Civil Judge (J.D.) / Judicial Magistrate, Candpur, Bijnor as well as summoning order dated 19.12.2016.
It is submitted that no offence against applicants is disclosed, 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 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 disputed defence cannot be considered at this stage.
The prayer claimed is refused. The application is
dismissed.
Order Date :- 24.8.2018 N.S.Rathour