Chhotey Lal Shahu And Another vs State Of U.P. And Another
2016 Latest Caselaw 4872 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 22153 of 2016
 
Applicant :- Chhotey Lal Shahu And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Krishna Chandra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar,J.

This application under Section 482 Cr.P.C has been filed for quashing the impugned charge-sheet submitted in Criminal Case No. 80 of 2015, under Sections 323, 504 I.P.C and 3 (1) X SC/ST Act, arising out of N.C.R No. 90 of 2014, Police Station, Hathgaon, District - Fatehpur and further prayed to stay the further proceedings of the above referred case.

Heard learned counsel for the parties and perused the record.

From the facts narrated in the application it can be inferred that a cognizable offence is made out and in the circumstances all the facts that are being disputed are subject to trial before the trial court and disputed points regarding facts cannot be entered into before this Court. 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.IR. 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.

Accordingly, this application under Section 482 Cr.P.C. is hereby rejected.

Order Date :- 4.8.2016

Vinod.