Mohd. Aamil And Another vs State Of U.P. And Another
2013 Latest Caselaw 5465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 29986 of 2013
 

 
Applicant :- Mohd. Aamil And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.K. Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicants and learned A.G.A.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Spl. T. No. 66 of 2008, case crime no. 160 of 2008, under Sections-  2(1)(3) and 3 Gangster Act, P. S.- Hathgaon, District Fatehpur pending before the A.S.J. Gangster Act, Court No.13, Fatehpur as well charge sheet dated 27.08.2008.

The contention of the counsel for the applicants is that no offence against the applicant are 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 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings of the aforementioned case and the chargesheet is refused.

After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants  appear and surrender before the Courts below within 30 days from today and apply for bail, then their bail application shall be considered and decided by both the courts below expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.

Order Date :- 5.9.2013

Abhishek Sri.