Satendra And Another vs State Of U.P. And Another
2015 Latest Caselaw 1952 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 24809 of 2015
 

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

 
Hon'ble Pankaj Naqvi,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 29.11.2014 in Complaint Case Crime No. 420 of 2014, under Sections 323, 504, 324, 354, 452 IPC, P.S.- Line Bazar, District Jaunpur, pending in the court of Addl. Chief Judicial Magistrate-I, Jaunpur.

The contention of the counsel for the applicants is that no offence against the applicants 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 applicants. 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.