Allahabad High Court
Nempal @ Monu @ Netrapal And 2 Others vs State Of U.P. And Another on 11 November, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- APPLICATION U/S 482 No. - 38055 of 2019 Applicant :- Nempal @ Monu @ Netrapal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the proceeding of Criminal Case no. 1340 of 2017, arising out of Case Crime no. 175 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Nakhasa, district-Sambhal, pending in the court of Judicial Magistrate, Sambhal.
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. 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Sections 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The Apex Court in the case of State of Bihar v. Ramesh Singh [(1977) 4 SCC 39] has held that when charge sheet has been submitted and it has been challenged by way of application under Section 482 Cr.P.C. in the High Court, the High Court is not in a position to weight probabilities and re-appreciating the material, if High Court does it, it may be time consuming exercise and the legislative policy of expeditious disposal will hamper. At this stage, this Court is not in a position to weight the factual matrix of the case properly and accused has a right against charge sheet to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record. I find that there is no justification for quashing the prosecution of the aforementioned case.
The application lacks merit and is accordingly dismissed.
Applicants can move an application in the lower court to get the matter resolved through mediation.
Order Date :- 11.11.2019 Faridul