Court No. - 12
Case :- APPLICATION U/S 482 No. - 42183 of 2018
Applicant :- Tirath Pasi And Another
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.05.2018 as well as the entire proceedings of S.T. No. 299 of 2018 (State Vs. Tirath Pasi), arising out of Case Crime No. 104 of 2018, under Sections- 302, 307, 120-B I.P.C., Police Station- Nawabganj, District- Allahabad, pending in the court of Additional District Judicial-II, Allahabad.
The contention of learned counsel for the applicants is that no offence against the applicants 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 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 applicants 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, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699.
The prayer for quashing the entire proceeding of the aforesaid case is refused and application is dismissed.
At this stage, learned counsel for the applicants prayed that he may be permitted to move bail application. Needless to say that there is no bar upon the applicants to move bail application as provided in law, therefore no further order is required.
Order Date :- 30.11.2018 Sartaj