Allahabad High Court
Ankit Gupta vs State Of U.P. And Another on 23 February, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 4836 of 2021 Applicant :- Ankit Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. S.K. Guta, learned counsel for applicant and learned AGA for State.
This application under section 482 Cr.PC has been filed challenging entire proceedings of Case No. 3452 of 2019 (State Vs. Vikas Yadav and Others) arising out of Case Crime No. 977 of 218, under sections 354 Ka IPC, Police Station Civil Lines, District- Rampur pending in the Court of Chief Judicial Magistrate, Rampur including the summoning order dated 16.8.2019.
Learned counsel for applicant contends that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of aforesaid contention.
From 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 applicant. All the submissions made at the Bar relate to the disputed defence of the applicant, which cannot be adjudicated upon by this Court in exercise of its jurisdiction under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283.
Accordingly prayer for quashing proceedings of aforesaid case pending before the court concerned is refused.
In view of above, entire proceedings cannot be quashed. As the entire proceeding of above mentioned case cannot be quashed, relief as prayed for cannot be granted. As a result, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 23.2.2021 Arshad