Allahabad High Court
Sanjeet Kumar Yadav And Another vs State Of U.P. And Another on 11 February, 2016
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 53 Case :- APPLICATION U/S 482 No. - 3904 of 2016 Applicant :- Sanjeet Kumar Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Ashish Kumar Srivastava, learned counsel for the applicants, and Sri Nitin Srivastava, learned A.G.A. appearing for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 06.03.2013, filed in Case Crime No. 188 of 2012, arising out of Criminal Case No. 1552 of 2013 (State VS. Sanjet and another), under Sections 419, 420, 468, 471, IPC, Police Station P.P. Ganj, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Gorakhpur. He further prays for stay the proceeding of the aforesaid case.
The learned AGA has pointed out that applicants have earlier approached before this Court by means of applicant under Section 482 Cr.P.C. for direction to court below to expedite the trial of the present case, and this Court vide order dated 12.12.2015 disposed of the said application with the direction to the applicant to surrender before the court below and obtain bail, but the applicants have not obtain bail in compliance of the order dated 12.12.2015, and again come up before this Court.
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 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 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 proceedings of the aforesaid case based on charge-sheet is hereby refused.
The application under Section 482 Cr.P.C. lacks merits and is accordingly dismissed.
Order Date :- 11.2.2016/VKG