Court No. - 52
Case :- APPLICATION U/S 482 No. - 6284 of 2018 Applicant :- Ramashray And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceeding of Case Crime No.122 of 2017 (State Vs. Moti and others) under Sections 3/5 The Prevention of Damage to Public Property Act, P.S. Ghugali, District Maharajganj.
The contention of learned counsel for the applicant is that no offence against the applicant 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 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 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the proceedings as well as order impugned is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided expeditiously in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2018 AK Pandey