Court No. - 1
Case :- APPLICATION U/S 482 No. - 24980 of 2018 Applicant :- Ravindra Yadav @ Mataroo Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Shukla, 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 the chargesheet dated 29.03.2017 arising out of Case Crime No. 1193 of 2016 u/s. 354, 504 IPC, PS.
Mohammadabad Gohana, District Mau along with proceedings of case No. 1088/2017 pending in the Court of Judicial Magistrate, Mau.
The contention of learned counsel for the applicant is that the present proceedings which have been initiated against the applicant by opposite party no.2 are malicious. He further states that applicant has made some complaint against opposite party no.2 for obtaining wrong allotment of a house on account of which the present FIR has been lodged.
Learned A. G. A. vehemently opposed the submissions made by learned counsel for the applicants and submits that the chargesheet discloses cognizable offence.
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 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 chargesheet as well as the proceedings of the aforesaid case is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018/Madhurima