Allahabad High Court
Harikesh Kumar vs State Of U.P. And Another on 23 August, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 21912 of 2022 Applicant :- Harikesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the entire proceeding of Criminal Case No 946 of 2021 (State Vs. Harikesh), case crime No. 203 of 2009, under sections 364, 419, 420, 465, 466, 467 IPC, P. S. Mursan, District Hathras pending in the court of A.C.J.M. Hathras as well as charge sheet dated 30.6.2021 and summoning order dated 23.7.2021 as well as impugned order dated 11.5.2022 passed by learned Sessions Judge, court No. 3, Hathras in Criminal Revision No. 69 of 2021 (Harkesh Kumar Vs. State.
The contention of the 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 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 applicant. 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. Moreover, the applicant has got right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer as sought by the applicant is refused.
With the aforesaid directions, the instant application stands disposed of.
Order Date :- 23.8.2022 RPD