Court No. - 81
Case :- APPLICATION U/S 482 No. - 17521 of 2021 Applicant :- Nitesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the impugned charge sheet dated 30.05.2021 as well as cognizance order dated 16.06.2021 passed by Additional Civil Judge (J.D.), Court No.2, Mirzapur in Case Crime No.4648 of 2021 (State Vs. Ashwani Sharma and others) arising out of Case Crime No.65 of 2021, U/s 171E, 188, 269, 332, 353, 504 I.P.C., Police Station Kachhawan, District Mirzapur and stay further proceedings of the above noted case pending in the Court of Additional Civil Judge (J.D.), Court No.2, Mirzapur.
Learned counsel for the applicant has submitted that from the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention, as such, proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, proceedings cannot be quashed.
From the perusal of the material on record and looking into the fact of the case, at this stage, it can not be said that no offence is made out against the applicants. Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is therefore refused.
However, it is directed that if the applicant appears and surrender before the court below and apply for bail, his prayer for bail be considered expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 Cr.P.C is finally disposed of.
Order Date :- 23.10.2021 SFH