Manoj Kumar Jaiswal vs State Of U.P. And Another
2016 Latest Caselaw 6337 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 27434 of 2016
 

 
Applicant :- Manoj Kumar Jaiswal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pradeep Kumar
 
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 originated upon a Charge-sheet dated 26.08.2014 in Case No. 3604 of 2014, (State Vs. Abdul Azij and another) in Case Crime No. 538 of 2014, under Section 3/7 E.C. Act and Fertilizer Control Act - 1985, Police Station - Thoothibari, District ? Maharajganj, pending in the Court of Judicial Magistrate, Maharajganj.

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 originated upon a Charge-sheet dated 26.08.2014 in Case No. 3604 of 2014, (State Vs. Abdul Azij and another) in Case Crime No. 538 of 2014, under Section 3/7 E.C. Act and Fertilizer Control Act - 1985, Police Station - Thoothibari, District ? Maharajganj, pending in the Court of Judicial Magistrate, Maharajganj. 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.