Court No. - 62
Case :- APPLICATION U/S 482 No. - 16937 of 2018 Applicant :- Shivpoojan Tiwari And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhushan Mishra,Prem Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 22.08.2016 registered as Criminal Case No. 272 of 2018 arising out of Case Crime No. 573 of 2015 under Sections 323, 504, 506 I.P.C., Police Station Handia, District Allahabad as well as cognizance order dated 22.03.2018 passed in the aforesaid case.
The contention of learned counsel for the applicants is that applicants are innocent and have been falsely implicated in the present case. Learned counsel further further contends that no offence against the applicants is made out 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.
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 submission made at the bar relate to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
It is evident from the record that impugned cognizance/summoning order passed by the trial court against the applicants is not illegal and the same is speaking one. Considering the entire facts and circumstances of the case, I do not find any illegality, impropriety and incorrectness in the impugned order. There is no merit in the petition.
The prayer for quashing the charge sheet of aforesaid criminal case and cognizance order is refused.
With the aforesaid directions/observations, this application is finally disposed of.
Order Date :- 28.5.2018 Rishabh