Court No. - 1
Case :- APPLICATION U/S 482 No. - 8397 of 2018
Applicant :- Rajnath Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shobhanath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.N.Singh Yadav, learned counsel for the applicants 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 no. 01 of 2013 dated 2.1.2015 in Sessions Trial No. 79 of 2016 (State Vs. Rajnath and others) arising out of Case Crime No. 230 of 2013, under Sections 323, 325, 504, 506 I.P.C. and 3(1)X SC/ST Act, police station Sadat, District Ghazipur.
The contention of learned counsel for the applicants is that there was civil dispute in between the parties in which there has already been stay on account of which the present F.I.R. has been lodged 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 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.
The application lacks merit and is accordingly, dismissed.
Order Date :- 28.3.2018 A.K.Srivastava