Allahabad High Court
Gauri Shankar And Another vs State Of U.P. And Another on 3 October, 2016
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 27397 of 2016
Applicant :- Gauri Shankar And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ram Mohan
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present application under Section 482 Cr.P.C has been moved for quashing the entire proceeding of Case No. 2711 of 2016 ? (Ishwar Dayal Vs. Gauri Shankar & others), arising out of Case Crime No. 263 of 2015, under Sections 452, 323, 506 I.P.C, Police Station - Aliganj, District Etah, in pursuance of the charge ? sheet dated 10.07.2015, pending before learned A.C.J.M. Court No. 18, Etah.
Learned counsel for the applicant contends that in present case F.I.R has been lodged as a matter of counter blast to Case Crime No. 460 of 2014, in which F.I.R was lodged by wife of applicant no. 1.
Per contra, learned A.G.A for the State submits that the allegations made in the application relates to the fact, which can be considered only be the trial court upon the evidence led before it.
Upon hearing learned counsel for the parties and perusal of record 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 are to be decided by trial court upon evidence before it and 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.
In view of discussions made above, I find that the applicant has failed to show any sufficient ground for exercise of inherent powers by this Court so as to prevent any abuse of process of court or otherwise to secure the ends of justice and there is no sufficient ground for quashing the entire proceeding of Case No. 2711 of 2016 ? (Ishwar Dayal Vs. Gauri Shankar & others), arising out of Case Crime No. 263 of 2015, under Sections 452, 323, 506 I.P.C, Police Station - Aliganj, District - Etah, pending before A.C.J.M. Court No. 18, Etah. The application is devoid of merits and is liable to be dismissed.
However, if the applicant appears before the trial court and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
The application under Section 482 Cr.P.C is dismissed accordingly.
Interim order, if any, stands vacated.
Order Date :- 03.10.2016
Vinod.
