Court No. - 1
Case :- APPLICATION U/S 482 No. - 38516 of 2018 Applicant :- Pawan Kumar Sharma Opposite Party :- State Of Up And Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri Ajeet Ray, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 4402 of 2016, under Sections 323, 354, 504, 506 I.P.C., police Station Quarsi District Aligarh pending before the concerned courts below as well as summoning order dated 30.05.2017 passed in the aforesaid case.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the 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.
Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same does not suffer from any illegality or infirmity.
Considered the submissions advanced by learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.
In view of the above, no ground for quashing the proceedings of the aforesaid case is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity and the application lacks merit and the same is accordingly, rejected.
Order Date :- 26.10.2018 Anand Verma