Vibhor Jain vs State Of U.P. & Another
2015 Latest Caselaw 1489 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 19718 of 2015
 

 
Applicant :- Vibhor Jain
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajiv Sharma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Rajiv Sharma, learned counsel for applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 1.12.2014 submitted in Case Crime No. 403 of 2014, under Sections 498A, 452, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S. Tundla, District Firozabad pending in the court of learned C.J.M. Firozabad.

The contention of the learned counsel for applicant is that no offence against 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 submission made at the Bar relates to the disputed question 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

The prayer is refused.

The instant application under section 482 Cr.P.C. is, accordingly, dismissed.

Order Date :- 27.7.2015

AHN