Mukesh Kumar vs State Of U.P. And Another
2015 Latest Caselaw 1944 ALL

Citation : 2015 Latest Caselaw 1944 ALL
Judgement Date : 24 August, 2015

Allahabad High Court

Mukesh Kumar vs State Of U.P. And Another on 24 August, 2015

Bench: Pankaj Naqvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- APPLICATION U/S 482 No. - 24798 of 2015
 

 
Applicant :- Mukesh Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kuldeep Kumar
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Vakalatnama filed today is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State. Sri Pradeep Kumar Bharadwaj, Advocate is present on behalf of opposite party no.2.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 6.8.2015 in Criminal Revision No.340 of 2012 passed by Additional Sessions Judge, Court No.1, Bulandshahr as well as impugned order dated 12.7.2012 passed by Judicial Magistrate, First, Bulandshahr under Sections 420, 466 IPC, P.S.- Kotwali, District Bulandshahr.

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 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 cannot be considered at this stage.

The prayer claimed is refused. The application is dismissed.

Order Date :- 24.8.2015

Ashish Pd.