Court No. - 73
Case :- APPLICATION U/S 482 No. - 7372 of 2019 Applicant :- Swale Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Mangal Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shivakant Awasthi, learned counsel for opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.02.2018 as well as the entire proceedings of S.S.T. No. 74 of 2018, arising out of case crime no. 558 of 2017, under Section- 2/3 Gangster & Anti Social Activities (Prevention) Act, Police Station- Kotwali, District- Budaun, pending in the court of A.D.J.-Vth, Budaun.
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 applicant involves factual disputes 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. 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.) 283Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699, therefore, no case for interference is made out. and lastly The prayer for quashing of the aforesaid proceeding is refused. Accordingly, the application is dismissed.
Order Date :- 26.2.2019 Arvind