Allahabad High Court
Gurudutt Sharma 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. - 27366 of 2016
Applicant :- Gurudutt Sharma
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vishal Khandelwal,Prakash Chandra Gupta
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 Criminal case No. 640 of 2011, (State Vs. Guru Dutt Sharma & Others) under Sections 406, 409, 419, 420, 467, 468 & 120 I.P.C, Police Station ? Rabupura, District ? Gautam Budha Nagar, pending in the Court of Judicial Magistrate, Jevar, Gautam Budh Nagar.
Learned counsel for the applicant contends that applicant has been falsely implicated for the offences under Sections 406, 409, 419, 420, 467, 468 & 120-B I.P.C, in connection with the disputes of Management Committee of the College; that the charge-sheet has been submitted on 04.11.2011, in which charges have been framed by the trial court; that after submission of the charge-sheet and taking of cognizance the Magistrate, in view of the order dated 08.07.1992, passed in Writ Petition No. 21045 of 1991, the D.I.O.S vide order dated 30.12.1992, at annexure 03 declared upheld the election of Sri Rameshwar Sharma as President and applicant as Manager that the order of D.I.O.S upholding the validity of election of President and Manager was challenged by opposite party no. 2 through Writ Petition No. 473 of 1993, which writ petition was dismissed by order dated 25.08.1993 at annexure no. 4 and the special appeal filed by opposite party no. 2 as Special Appeal No. 612 of 1993 was also dismissed vide order dated 08.09.1993 at annexure 5; that in the circumstances, it is clear that applicant was falsely implicated; that with correctness the criminal proceedings against applicant in furtherance of charge sheet are liable to be quashed. .
Per contra, the learned A.G.A for the State submits that on the basis of subsequent orders, if any, passed by writ court the prosecution may not be quashed and the applicant may not be discharge; that the factual issues are to be decided by the trial court upon the evidence and the correctness of the evidence collected by I.O may not be taken to be incorrect at this stage in proceedings under Section 482.
Learned A.G.A for the State submits that the matter relates to more than 25 years old litigation.
Upon hearing learned counsel for the parties and perusal of record I find that 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. 640 of 2011, (State Vs. Guru Dutt Sharma & Others) under Sections 406, 409, 419, 420, 467, 468 & 120 I.P.C, Police Station ? Rabupura, District ? Gautam Budha Nagar, pending in the Court of Judicial Magistrate, Jevar, Gautam Budh Nagar. 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.
