Court No. - 24
Case :- APPLICATION U/S 482 No. - 24769 of 2018
Applicant :- Rahul Rao
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No. 01 of 2018 dated 15 May 2018 and the entire proceedings of Case No. 453 of 2018 (State Vs. Rahul Rao and Others arising out of Case Crime No. 0033 of 2018, under Sections 498-A, 323, 504 and 506 I.P.C. and Section -3/4 of Dowry Prohibition Act, Police Station Sultanpur Ghosh, District Fatehpur, pending in the court of A.C.J.M., Court No. 11, District Fatehpur.
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.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, it is provided that in case the applicant appears and surrenders before the court below and applies for bail, the prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC); Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.7.2018 Arun K. Singh