Allahabad High Court
Minhaj Uddin @ Mehraj And 2 Others vs State Of U.P. And Another on 1 March, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 26380 of 2022 Applicant :- Minhaj Uddin @ Mehraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Tabrez Ali Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of CAse No. 4993 of 2022, arising out of Case Crime No. 186 of 2020, under Sections 420, 467, 468, 471,120-B IPC and Section 63/65 of Copyright Act and Section 78/79 of Trade Mark Act, P.S. Chhatta,District Agra including the charge sheet and the cognizance order dated 24.2.2022.
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 malafide intentions for the purposes of harassment.
From the perusal of 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 relates 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 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 a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of case as well as charge sheet is refused.
At this stage, learned counsel for the applicants submit that applicants may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicants.
The applicants will appear before the Trial Court through a proper application for discharge within thirty days from today and they are free to take all the submissions in the said discharge application before the Trial Court which shall be considered and disposed of by the Trial Court in accordance with law within a period of two months.
Accordingly, the present application is disposed of.
Order Date :- 1.3.2023/RavindraKSingh