Court No. - 1
Case :- APPLICATION U/S 482 No. - 24899 of 2018
Applicant :- Ram Kishor And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Shyam Sunder Mishra, learned counsel for the applicants and Sri Irshad Hussain, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as the charge sheet dated 30.12.2016 in Case Crime No. 238 of 2016 of Criminal Case No. 418 of 2018 (State Vs. Ram Kishor and others) under Sections 323, 504, 308 I.P.C., Police Station Kalyanpur, District Fatehpur.
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 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 as well as the charge sheet submitted in the aforesaid case is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018 Ashok Gupta