Court No. - 13
Case :- APPLICATION U/S 482 No. - 38109 of 2018
Applicant :- Rahul Kumar @ Punnu Mishra And 7 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Mani Shanker Pandey, 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 charge-sheet dated 21.02.2018 as well as for staying the further proceedings of Criminal Case No.2178 of 2018 (State Vs. Punnu Mishra and others) arising out of Case Crime No.157 of 2017, under Section 147, 323, 504, 506, 452, 325 I.P.C., P.S. Lalapur, District Allahabad pending in the court of Judicial Magistrate-IIIrd, Allahabad.
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 referred to certain evidence 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 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.
However, if the applicants appear before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
Order Date :- 27.10.2018 Kpy