Court No. - 53
Case :- APPLICATION U/S 482 No. - 21415 of 2019 Applicant :- Pinki Opposite Party :- State Of Up And Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Criminal Case No. 2354 of 2017 (State Vs. Surendra and others), arising out of Case Crime no. 458 of 2016, under Section 504, 506 IPC, P.S. Kankarkheda, District Meerut, pending in the Court of A.C.J.M, Court No.10, Meerut as well as Charge Sheet no. 447 of 2016 dated 19.11.2016 and cognizance order dated 15.3.2017.
Learned counsel for the applicant challenged the charge- sheet on the ground of malafides, the applicant is the tenant of father of the victim, charge sheet be quashed.
Learned A.G.A. opposed the submission on the ground that charge sheet cannot be quashed, as prima facie cognizable offences are made out.
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 disputed defence cannot be considered at this stage.
The prayer claimed is refused. The application is
dismissed.
Order Date :- 28.5.2019 N.S.Rathour