Court No. - 1
Case :- APPLICATION U/S 482 No. - 24988 of 2018 Applicant :- Prakash And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh,Shiv Prakash Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicants, 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 proceedings of Case No. 699 of 2018 u/ss. 332, 353, 336, 427 IPC, PS. Hafijpur, District Hapur arising out of Case Crime No. 229 of 2017 in charge sheet no.183 of 2017 pending in the Court of Judicial Magistrate, 2nd, Hapur as well as cognizance order dated 05.04.2018.
The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants. 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