Allahabad High Court
Deena Nath Jaiswal And 2 Others 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. - 27508 of 2016
Applicant :- Deena Nath Jaiswal And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ankit Kapoor
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 criminal proceedings of Criminal Case No. 175 of 2016 ? (State Vs. Deena Nath Jaiswal & others), under Sections 138-B, Electricity Act, and also for quashing the Charge-sheet dated 17.02.2016, submitted in pursuance to the Case Crime No. 38 of 2016, under Section 138-B Electricity Act, Police Station Jaitpura, District Varanasi, pending in the Court of Special Judge (E.C. Act), Varanasi and also to quash the Charge-Sheet dated 17.02.2016 submitted in pursuance to the Case Crime No. No. 38 of 2016 under Section 13-B ? Electricity Act, Police Station Jaitpura, District Varanasi.
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 Criminal Case No. 175 of 2016 ? (State Vs. Deena Nath Jaiswal & others), under Sections 138-B, Electricity Act, and the Charge-sheet dated 17.02.2016, submitted in pursuance to the Case Crime No. 38 of 2016 under Section 138-B Electricity Act, Police Station Jaitpura, District Varanasi, pending in the Court of Special Judge (E.C.Act), Varanasi. 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.
