Court No. - 52
Case :- APPLICATION U/S 482 No. - 6732 of 2018 Applicant :- Swatantra Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Rai, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No.1260 of 2017 (State Versus Swatantra Singh and others) arising out of Case Crime No.0194 of 2017 Sections 323, 504 and 506 I.P.C., P.S. Chiraiyakot, District Mau, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Sadar, Mau.
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 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 applicant. All the submission made at the bar relates to the disputed question 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 of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
The application under Section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 28.2.2018 MN/-