Court No. - 15
Case :- APPLICATION U/S 482 No. - 25024 of 2018
Applicant :- Ram Ugrah Sharma And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rishikesh Pati Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rishikesh Pati Tripathi, learned counsel for the applicants and Sri Prashant Kumar, learned brief holder for the State.
The present applicant u/s 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings as well as impugned summoning order dated 17.3.2018 passed by learned Judicial Magistrate, Court No. 22, Deoria in Complaint Case No. 1435 of 2017 (Sursen Sharma Vs. Ram Ugrah Sharma & others), under Section 147, 323, 504 & 506 IPC, P.S. Tarkulwa, District Deoria.
Learned counsel for the applicants has contended that the opposite party no. 2 and the applicants had earlier entered into compromise but that compromise could not sustain and the parties are again at loggerheads. At this stage, no appreciation of evidence is possible to be made as the same would require trial of the case.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 23.8.2018/A.P. Pandey