Court No. - 85
Case :- APPLICATION U/S 482 No. - 11763 of 2021
Applicant :- Nepal And 3 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 26.04.2019 as well as entire criminal proceedings of Case No. 803 of 2018, (Najbunnesha Vs. Nepal & others), under Sections 323, 354, 452, 504, 427 I.P.C., Police Station- Khadda, District- Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar at Padrauana.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.
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 at this stage. 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 entire proceeding of the aforesaid case is refused.
The application stands dismissed.
Order Date :- 12.8.2021 shiv