Court No. - 80
Case :- APPLICATION U/S 482 No. - 20981 of 2021
Applicant :- Rakesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dt. 17.5.2021 in case crime NO. 292 of 2021, under section 323, 452, 504, 506 I.P.C. P.S. Shahganj, District Agra pending in the court of C.J.M, District Agra.
As per the allegation made in the F.I.R, it is alleged that on 11.5.2021 at about 2.30 p.m., the applicants reached at the place of incident and started hurling abuses and assaulted the victim, however, the victim somehow rescued himself. Thereafter the applicants forcibly entered in the house of the victim and again assaulted the victim and extended death threats to him. On account of assault made by the applicants, the victim suffered injury and has been medically examined.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
Per contra, leaned A.GA has submitted that from perusal of the allegations made in the F.I.R. and the material collected during course of investigation, primafacie offence is clearly made out against the applicants and as such, charge sheet cannot be quashed.
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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.
P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge sheet is refused.
The application filed under section 482 Cr.P.C. is devoid of merit and is accordingly dismissed.
Order Date :- 27.10.2021 R