Court No. - 49
Case :- APPLICATION U/S 482 No. - 1806 of 2019 Applicant :- Vishnu Kumar Yadav @ Pangu And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deependra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Deependra Yadav, learned counsel for the applicants and and learned Additional Government Advocate representing the State.
By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing the charge sheet No. 388 of 2017 dated 13.12.2017 in Criminal Case No. 3388 of 2018 arising out of Case Crime No. 0606 of 2017, under Section 323, 504, 506 IPC, PS Barra, district Kanpur Nagar as well as the cognizance order dated 23.1.2018 passed by the Special Chief Judicial Magistrate Kanpur Nagar.
Learned counsel for the applicants contends that the dispute between the parties are civil in nature, which has unnecessarily been dragged into criminal one. He further submits that the applicants have falsely been implicated in the present case.
Per contra, learned AGA supported the order of the learned Magistrate by contending that the order is well reasoned.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, 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 Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283.
The disputed defence of the accused also cannot be considered at this stage.
The prayer for quashing of the charge sheet as well as cognizance order is refused.
At this stage, learned counsel for the applicants made a prayer that a direction be issued to the court concerned to conclude the trial at the earliest.
Considering the oral prayer of the learned counsel for the applicants, it is directed that the court concerned shall make and endeavour to decide the trial as early as possible.
With the aforesaid observations, this application is disposed of.
Order Date :- 22.1.2019 Ishrat