Court No. - 12
Case :- APPLICATION U/S 482 No. - 42177 of 2018
Applicant :- Shesh Narain Kushwaha @ Shesh Kushwaha And 4 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Munne Lal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 42722 of 2018, arising out of Case Crime No. 1310 of 2017, under Sections- 147, 323, 504 I.P.C., Police Station- Kalyanpur, District- Kanpur Nagar, pending in the court of Additional Chief Metorpolitan Magistrate-II, Kanpur Nagar.
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 purpose of causing 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 applicants at this stage. 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. Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
Accordingly, the application is dismissed. Order Date :- 27.11.2018 Arvind