Allahabad High Court
Veer Bahadur vs State Of U.P. And 2 Others on 14 July, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 8873 of 2022 Applicant :- Veer Bahadur Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 10.4.2021 as well as entire proceedings of Criminal Case No.519 of 2021 (State vs. Veer Bahadur) arising out of case crime no.18 of 2021 under Section 418, 420 IPC, Police Station Bhawarkol, District Ghazipur and also cognizance order dated 20.10.2021 whereby the Judicial Magistrate (JD), Court No.1, Mohammadabad, Ghazipur took cognizance against the applicant, pending in the Judicial Magistrate (JD) Court No.1, Mohammadabad Ghazipur.
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.
At this stage, the argument raised by learned counsel for the applicants 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 :- 14.7.2022 Deepika