Asif And 2 Ors. vs State Of U.P. And Another
2015 Latest Caselaw 1510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 21319 of 2015
 

 
Applicant :- Asif And 2 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pankaj Satsangi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

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

The present Section 482 Cr.P.C. application has been filed for quashing the proceedings of complaint case no. 139 of 2014, under Sections 452, 323, 354 I.P.C. Police Station Sahswan, District Budaun pending in the court of A.C.J.M. Court No.2, Budaun.

The contention of the learned counsel for applicants is that no offence against 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 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 :- 28.7.2015

AHN