Gonu Alias Abhinav Tripathi vs State Of U.P. And Another
2015 Latest Caselaw 1871 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 24402 of 2015
 

 
Applicant :- Gonu Alias Abhinav Tripathi
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Maurya
 
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.368 of 2011 (Shambhu Rai Vs. Gonu @ Abhinav Tripathi and others) under Section 392 I.P.C. P.S. Sidhari, District Azamgarh pending in the court of Chief Judicial Magistrate Azamgarh.

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

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