Allahabad High Court
Gaurav Kumar Saxena @ Raman And 2 Others vs State Of U.P. And Another on 13 July, 2023
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:139302 Court No. - 5 Case :- APPLICATION U/S 482 No. - 21484 of 2023 Applicant :- Gaurav Kumar Saxena @ Raman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Piyush Agrawal,J.
Mr. Nitin Kumar Singh, Advocate filed appearance on behalf informant/ respondent no. 2, the same is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and learned counsel for opposite party no.2.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet 1.5.2022 and cognizance order dated 16.11.2022 as well as entire proceedings of Case No. 144115 of 2022 (State Vs. Raman alias Gaurav and others) arising out of Case Crime No. 147 of 2022, under Section 498 A, 504, 323, 377, 354(B), 506 IPC and Section 3/4 D.P. Act, P.S. Bithur, Distt. Kanpur Nagar pending in the Court of learned Additional Civil Judge (Junior Divison) Kanpur Nagar.
The contention of learned counsel for the applicant is that petitioners have falsely been implicated in the present case, however neither any dowry was demanded nor any such incident has been taken place as alleged in the FIR. No offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned AGA as well as Mr. Nitin Kumar Singh, counsel for the opposite party no. 2 / informant submit that applicants have tortured the informant for demand of dowry. They submit that the statement of the victim/informant was recorded under Section 164 Cr P C with regard to the allegations made in the FIR in which she supported the prosecution story, thus the interference of this Court at this stage is not warranted.
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 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 charge sheet 1.5.2022 and cognizance order dated 16.11.2022 as well as entire proceedings of Case No. 144115 of 2022 (State Vs. Raman alias Gaurav and others) arising out of Case Crime No. 147 of 2022, under Section 498 A, 504, 323, 377, 354(B), 506 IPC and Section 3/4 D.P. Act, P.S. Bithur, Distt. Kanpur Nagar pending in the Court of learned Additional Civil Judge (Junior Divison) Kanpur Nagar, is hereby refused.
The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 13.7.2023 Rahul Dwivedi/-
(Piyush Agrawal,J.)