Court No. - 1
Case :- APPLICATION U/S 482 No. - 24990 of 2018 Applicant :- Nisar Ahmad Siddiqui Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard learned counsel for the applicant, 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 charge sheet no.1 of 2016 dated 22.07.2016 submitted in Case Crime No. 0093 of 2016 u/ss. 363, 366, 376D IPC and 3/4 POCSO Act, PS. Phoolpur, District Varanasi.
Learned counsel for the applicant submitted that the applicant has been dragged in the present case only on account of being the relative of co-accused Sarafuddin. He further states that the applicant has been granted bail by the competent court. He tried to demonstrate from the statements of the prosecutrix recorded under Section 164 Cr.PC and under Section 161 Cr.PC. That there are some contradictions which shows false implication of the applicant.
Learned AGA opposed the prayer for quashing of the chargesheet and submitted that the prosecutrix has categorically stated about rape be committed by the applicant along with co- accused. He states that the chargesheet discloses a cognizable offence against the applicant and the co-accused.
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 entire criminal proceeding of the aforesaid case based on charge sheet of the aforesaid case is refused.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2018 Madhurima