Court No. - 1
Case :- APPLICATION U/S 482 No. - 24860 of 2018
Applicant :- Sadashiv And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.S. Patel, learned counsel for the applicants and Sri N.K. Tiwari, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1562 of 2018 arising out of case crime no. 110 of 2017 under sections 323, 504 506, 325, 308 I.P.C., police station Soraon, District Allahabad alongwith charge-sheet dated 7.10.2017 and the cognizance order dated 20.1.2018 passed in the aforesaid case.
Learned counsel for the applicants submits that initially the F.I.R. of the present case was lodged for the offence under sections 323, 506 I.P.C. but after seven months of the incident at the instance of opposite party no. 2, who was having some link with political person, offence under sections 325 and 308 I.P.C. have been added.
The contention of learned counsel for the applicants is that no offence against the applicants 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.
Learned A.G.A. has pointed out that as per the x-ray report, the injured has received fracture on his person.
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 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 proceedings of the aforesaid case, the charge- sheet and the cognizance order is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 25.7.2018 Shiraz