Allahabad High Court
Smt. Rajkumari And Another vs State Of U.P. And Another on 4 July, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 15684 of 2022 Applicant :- Smt. Rajkumari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1040 of 2019 (State Vs. Smt. Raj Kumari and others) arising out of Case Crime No. 171 of 2013 under Sections 376, 323, 504, 506, 120-B I.P.C. Police Station Shipari Bazar, District Jhansi pending before learned Additional Chief Judicial Magistratre, Ist, District Jhansi as well as to quash the charge sheet dated 30.03.2019 and also summoning order dated 16.05.2019 passed in the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants 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.
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 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 disputed defence of the accused cannot be considered at this stage.
The reliefs as sought by the applicants is refused.
The application is dismissed.
Order Date :- 4.7.2022 S.Ali