Court No. - 13
Case :- APPLICATION U/S 482 No. - 38163 of 2018
Applicant :- Pushpa Devi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Sanjay Kumar Dwivedi, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 25.01.2015, in Criminal Case No. 327 of 2015 (State vs. Pushpa Devi and others) arising out of case crime no. 621 of 2014, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S.
Bhogaon, District Mainpuri pending before the A.C.J.M.-1st, Mainpuri.
Learned counsel for the applicants contends that they are vendee of sale deed in question which is alleged to have been taken by impersonation; that the applicants have been granted bail despite of which S.I. Shyam Singh causing disturbance in peaceful life of applicants at the behest of opposite party no. 2, he referred to applications sent to S.P. and D.I.G. on 02.08.2018 by post at annexure no. 8; that there is no whisper about any application having been moved before the trial court and so the contention of the applicants is not acceptable.
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.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is accordingly dismissed.
Order Date :- 27.10.2018/Bhanu