Court No. - 80
Case :- APPLICATION U/S 482 No. - 6605 of 2021 Applicant :- Smt. Rekha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No. 587 of 2020 dated 26.9.2020 and cognizance order dated 3.10.2020 as well as entire criminal proceedings of Case No. 4765 of 2020 (State Vs. Smt. Rekha and another) arising out of Case Crime No. 512 of 2020, under Sections 420, 467, 468, 471 IPC, P.S. Sikandrabad, District Bulandshahr pending in the court of Chief Judicial Magistrate, Bulandshahr.
As per the allegations made in the first information report, it is alleged that the applicants have forged the letter in the name of Hon'ble Minister and after enquiry the said letter has been found to be forged and fictitious.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents 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 the Supreme Court in the 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. Moreover, the applicant has got a right of discharge under Section 239/245 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case is refused. The application u/s 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 28.7.2021/KU