Court No. - 53
Case :- APPLICATION U/S 482 No. - 21417 of 2019 Applicant :- Sanjay Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Counter affidavit filed today on behalf of O.P's no. 2 and 3 is taken on record.
Heard Sri M.P.S. Chauhan, learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 115 of 2017 dated 5.7.2017 in Case no. 2310 of 2017, Case Crime no. 246 of 2017, State Vs. Sanjay Sharma, under Sections 377, 511, 323, 504, 506 IPC, P.S. Sasnigate, District Aligarh, pending in the Court of A.C.J.M, Court No.2, Aligarh.
It is submitted by learned counsel for the applicant that the applicant is the husband, allegations are malafidely motivated, has grown up children, it's a case of separate living. 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 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 disputed defence cannot be considered at this stage.
The prayer claimed is refused. The application is
dismissed.
Order Date :- 28.5.2019 N.S.Rathour