Allahabad High Court
Kanchan Sharma vs State Of Up And Another on 18 July, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 27662 of 2019 Applicant :- Kanchan Sharma Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the cognizance order/NBW order dated 21.2.2019 as well as entire criminal proceedings of Special Trial No. 23 of 2019 (State vs. Kanchan Sharma) arising out of Case Crime No. 0278 of 2018, under Section 306 IPC and 3(2) V of SC/ST Act, P.S. T.P. Nagar, District- Meerut, pending in the court of Addl. Sessions Judge/Special Judge, SC/ST Act, Meerut.
As per the allegations made in the first information report, it is alleged that on 4.5.2018, the applicant abused the victim- Vikash with the name of his caste and assaulted him and with an intention to kill him, had forcibly administered poison, due to which the victim died on 7.5.2018.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the cognizance/NBW as well as entire proceedings is therefore refused.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 18.7.2019 KU