Court No. - 69
Case :- APPLICATION U/S 482 No. - 2676 of 2009
Applicant :- R.N. Sharma
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Sikandar B. Kochar,Sri Gopal S. Chaturvedi
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sikandar B. Kochar, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 19.9.2008 passed by learned Additional Chief Judicial Magistrate, Court No.19, Deoria as well as further proceedings of Case No.2681 of 2008 (State Vs. R.N. Sharma) arising out of Case Crime No.17 of 2008, under Sections 3/7 of Essential Commodities Act, Police Station Baghauch Ghat, District Deoria, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.19, Deoria.
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 applicants. 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 has got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose either personally or through counsel and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the aforesaid proceedings is refused.
For a period of two months from today or till the disposal of the discharge application whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, applicant either personally or through counsel does not move discharge application before the Court below within a period of 15 days from today, the interim protection granted herein will stands automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 22.8.2019 Dev/-