Court No. - 53
Case :- APPLICATION U/S 482 No. - 21433 of 2019 Applicant :- Raman Kasana Alias Raman Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Raj Kumar Kesari, learned counsel for the applicant and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 19.1.2019, registered as Case Crime No.1265/2018, under Sections 420/468/473/486 IPC, P.S. Hapur Nagar, Hapur.
It is submitted by learned counsel for the applicant that the licence to manufacture the fertilizers stands recorded in the name of Neetu Singh, who is none other than the real brother of the applicant whereas the name of the applicant surfaced in the confessional statement of co- accused Sonu, Bhure, Sagar and Tarun, no offence against applicant is disclosed.
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 submission made at the Bar relates to the disputed question 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.
The prayer is refused.
The application is dismissed.
Order Date :- 28.5.2019 Chandra