Court No. - 85
Case :- APPLICATION U/S 482 No. - 19617 of 2021
Applicant :- Sunil @ Sunil Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material on record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 25.10.2020 registered as Case No. 3685 of 2021 (State Vs. Balkaran Yadav and another) arising out of Case Crime No. 255 of 2020 under Sections 308, 323, 504 I.P.C. Police Station Jeanpur, District Azamgarh pending before learned Addtitional Chief Judicial Magistrate, Court No.11, District Azamgarh.
The contention of learned counsel for the applicant is that no offence against the applicant 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.
At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.
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 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the charge sheet of the aforesaid case is refused.
The application stands dismissed.
Counsel for the applicant has submitted that the applicant may be permitted to apply for bail, for which he is free to do so.
Order Date :- 25.10.2021 S.Ali