Allahabad High Court
Vijay Saroj And 3 Ors vs State Of U.P. And Another on 7 February, 2019
Author: Bachchoo Lal
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 4971 of 2019 Applicant :- Vijay Saroj And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 30.6.2017 passed by A.C.J.M., Ist, Jaunpur as well as entire proceedings of Case No. NIL of 2017 (State Vs. Vijay Saroj & others) arising out of NCR No. 69 of 2016, under section 323, 504 IPC, P.S. Jalalpur, District Jaunpur pending in the court of A.C.J.M. Ist, Jaunpur.
The contention of the 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 purposes of 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. All the submission 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the summoning order dated 30.6.2017 as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application U/s 482 Cr.P.C. is hereby dismissed.
Order Date :- 7.2.2019 Masarrat