Court No. - 85
Case :- APPLICATION U/S 482 No. - 7678 of 2021 Applicant :- Yashveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 10.02.2021 passed by Addl. Sessions Judge/FTC-1, Agra on an application filed under section 216 Cr.P.C filed on behalf of the prosecution in S.T. No. 257 of 2015 (State Vs. Yashveer) arising out of case crime No. 475 of of 2014 whereby trial court illegally and erroneous directed for framing the charge under section 376 IPC against the applicant.
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 adjudication of a factual dispute 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 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
The application stands dismissed.
Order Date :- 23.9.2021/RPD