HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 24404 of 2015 Applicant :- Mohd. Akbar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.356 of 2013 (Jeeshan Vs. Zakir Ahmad and others), under Sections 420, 323, 406, 506 IPC, P.S.- Tilhar, District Shahjahanpur pending in the court of Civil Judge (J.D.), Tilhar, Shahjahanpur.
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 materials 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 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 payer claimed is refused. The application is dismissed.
Order Date :- 19.8.2015 NLY