Court No. - 1
Case :- APPLICATION U/S 482 No. - 8350 of 2018
Applicant :- Rajeev Kumar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shailesh Kumar,Usha Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Shailesh Kumar, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 31.12.2012 and cognizance order dated 31.1.2013 in case no. 81 of 2013 New Case No. 4576/2017; State Vs. Rajeev Kumar, arising out of case crime no. 401A of 2012 under sections 354, 452, 323 I.P.C., police station Thathiya, District Kannauj.
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 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 and non bailable warrant is refused.
However, for a period of two weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
With the aforesaid observations, the application stands disposed of.
Order Date :- 28.3.2018 A.K.Srivastava