Allahabad High Court
Kamaluddin vs State Of U.P. And Another on 5 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:19499 Court No. - 91 Case :- APPLICATION U/S 482 No. - 45927 of 2023 Applicant :- Kamaluddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 18.09.2018, summoning order dated 01.04.2019, Bailable warrant dated 11.01.2022 as well as entire proceedings of Case No. 3102 of 2019 (State Vs. Kamaluddin), arising out of Case Crime No. 365 of 2018, under Sections 279, 304-A, 427 I.P.C., Police Station-Chiluatal, District-Gorakhpur, pending in the court of Additional Civil Judge (S.D.), Court No. 2, Gorakhpur.
Learned counsel for the applicant submits that applicant was not driving the vehicle at the time of accident. On the basis of disclosure made by the informant at the time of inquest proceedings, the name of applicant was disclosed while in the F.I.R. the name of applicant was not disclosed. After investigation the charge sheet came to be filed against the applicant. Applicant is already on bail while bailable warrant has been issued against him.
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.
Per contra, learned A.G.A. opposed the aforesaid prayer.
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 :- 5.2.2024 AKT