Court No. - 13
Case :- APPLICATION U/S 482 No. - 38138 of 2018
Applicant :- Tahir And 2 Ors
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Sushil Kumar Shukla, 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 criminal proceedings of Case No.2910 of 2018 (State Vs. Tahir and others) including the charge-sheet, arising out of Case Crime No.182 of 2015, under Section 354, 452, 323, 504, 506 I.P.C., P.S. C.B. Ganj, District Bareilly pending in the court of Additional Chief Judicial Magistrate 4th, Bareilly.
Learned counsel for the applicants contends that it is a matter of counter- blast in reply to the F.I.R. lodged by applicant no.2 against the family members of opposite party no.2.
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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is accordingly dismissed.
However, if the applicants appear and surrender before the court below and apply for bail, then the bail application of the applicants shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 27.10.2018 Kpy