Court No. - 69
Case :- APPLICATION U/S 482 No. - 32164 of 2019
Applicant :- Pradeep Kumar Tripathi
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Atul Kumar Shahi,Anoop Trivedi (Senior Adv.)
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anoop Trivedi (Senior Adv.) assisted by Sri Atul Shahi, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet No. 464-A of 2018 under section 370(1)(5), 419, 420, 467, 468, 471, 120-B IPC & u/s 80 of Juvenile Justice Act and the cognizance order dated 12.02.2019 as well as the entire proceedings of Sessions Trial No. 73 of 2019 (State Vs. Pradeep) arising out of Case Crime No. 724 of 2018, u/s 370(1) (5), 419, 420, 467, 468, 471, 120-B IPC & u/s 80 of Juvenile Justice Act relating to P.S. Kotwali, District Deoria pending in the court of Additional Sessions Judge, Court No. 1, District Deoria and to stay the further proceedings 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.
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 submission made at the bar relates to the disputed question 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 of the accused cannot be considered at this stage.
Moreover, the applicant have got a right of discharge under section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
With the aforesaid directions, this application is finally disposed off.
Till the disposal of discharge application, no coercive action shall be taken against the applicant.
Order Date :- 22.8.2019 Arti