Allahabad High Court
Prem Chandra Gupta vs State Of U.P. And Another on 5 February, 2015
Author: Anil Kumar Sharma
Bench: Anil Kumar Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 3053 of 2015 Applicant :- Prem Chandra Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Anil Kumar Sharma,J.
Heard learned counsel for the applicants and learned AGA.
This application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of charge sheet dated 31.12.2014 in Crl. Case No. 83 of 2015 (State Vs. Prem Chandra Gupta) under sections 323, 504, 506 IPC and 3(1) (X) SC/ST Act, police station Machhali Sahar, district Jaunpur pending in the Court of Addl. Chief Judicial Magistrate, Court No. 5, Jaunpur.
The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.
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 question 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 case of 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. PP Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (para-10) 2005 SCC (Cr.) 293.
The prayer for quashing the proceeding of the aforesaid case is refused.
Having considered rival submissions of the counsel for the parties, this Court does not find any justifiable ground for quashing the proceedings or charge sheet of the aforesaid case in exercise of its inherent powers conferred under section 482 Cr.P.C. The application is accordingly dismissed.
Order Date :- 5.2.2015 SKS