Court No. - 72
Case :- APPLICATION U/S 482 No. - 1736 of 2019
Applicant :- Naim Ahmad
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Syed Fahim Ahmed,Mohammad Akram
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.378 of 2018 (pending before the Additional Chief Judicial Magistrate, Nagina, Bijnor) in relation to Case Crime No.396 of 2018, under Sections 420 and 406 of I.P.C. Police Station-Nagina, District-Bijnor as well as the charge-sheet dated 14.3.2018, wherein cognizance has been taken on 24.3.2018 by the learned Additional Chief Judicial Magistrate Nagina Bijnor.
Learned counsel for the applicant submits that no case has been made out against the applicant and the main person behind the offence has not been charge-sheeted.
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.
At this stage, I do not find any material to interfere under Section 482 Cr.P.C. as there are disputed facts.
Accordingly, this application is rejected.
The applicant is at liberty to approach the learned trial court for appropriate relief as prescribed under the Criminal Procedure code, if so advised.
Order Date:-28.2.2019 SB