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Sunder Lal Dada vs State Of U.P. on 5 July, 2024

The submissions made by learned counsel for the applicants 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.)
Allahabad High Court Cites 8 - Cited by 0 - R Misra - Full Document

Arun Kumar Verma And Another vs State Of U.P. And 11 Others on 5 July, 2024

The submissions made by learned counsel for the applicants 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.)
Allahabad High Court Cites 8 - Cited by 0 - R Misra - Full Document

Girish Agrawal vs Union Of India Through The Assitant ... on 9 July, 2018

24. It was next contended that there is no evidence against the applicant and therefore, the case of the present applicant is squarely covered by the third category of cases in which proceedings can be quashed as held by the Apex Court in the case of R.P. Kapur Vs. The State of Punjab, reported in AIR 1960 SC 862. Paragraphs 6, 7 and 8 are quoted here under:-
Allahabad High Court Cites 28 - Cited by 0 - R Misra - Full Document

Arun Kumar Verma And Another vs State Of U.P. And 11 Others on 10 January, 2023

The submissions made by learned counsel for the applicants 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.)
Allahabad High Court Cites 7 - Cited by 0 - R Misra - Full Document

Ram Naresh Mishra vs State Of U.P. And Another on 27 July, 2021

Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of 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 applicants. All the submissions made at the Bar relate to the disputed defence of applicants, which cannot be adjudicated upon by this Court in exercise of its jurisdiction under section 482 Cr.PC. This Court cannot appraise or appreciate evidence to record a finding one way or other. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866 and State of Haryana v. Bhajan Lal, 1992 SCC (Cr.)
Allahabad High Court Cites 11 - Cited by 0 - R Misra - Full Document

Ranjeet And 6 Others vs State Of U.P. And Another on 3 February, 2021

32. The investigation into a criminal offence must be free from objectionable features or infirmities which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive. It is also the duty of the Investigating Officer to conduct the investigation avoiding any kind of mischief and harassment to any of the accused. The Investigating Officer should be fair and conscious so as to rule out any possibility of fabrication of evidence and his impartial conduct must dispel any suspicion as to its genuineness. The Investigating Officer "is not to bolster up a prosecution case with such evidence as may enable the court to record conviction but to bring out the real unvarnished truth". (Vide R.P. Kapur Vs. State of Punjab AIR 1960 SC 866; Jamuna Chaudhary & Ors. Vs. State of Bihar AIR 1974 SC 1822; and Mahmood Vs. State of U.P. AIR 1976 SC 69).
Allahabad High Court Cites 31 - Cited by 0 - R Misra - Full Document

Vinod And 3 Others vs State Of U.P. And Another on 3 February, 2021

24.From perusal of material on record and looking into the facts of the case as noted above, at this stage it cannot be said that no offence is made out against applicants. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.)
Allahabad High Court Cites 31 - Cited by 0 - R Misra - Full Document

Mahesh Yadav vs State Of U.P. And Another on 19 August, 2021

22. Having heard learned counsel for applicant, learned A.G.A. for State, upon perusal of material on record and looking into the facts of the case, at this stage, it cannot be said that no offence under Section 379, 411 I.P.C. is made out against applicant. All the submissions made at the Bar relate to the disputed defence of applicant, which cannot be adjudicated upon by this Court in exercise of it's jurisdiction under section 482 Cr.PC. This Court cannot appraise and appreciate evidence to record a finding one way or other. Same can be done by trial court only upon trial of applicant in above noted criminal case. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866 and State of Haryana v. Bhajan Lal, 1992 SCC (Cr.)
Allahabad High Court Cites 31 - Cited by 0 - R Misra - Full Document
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