Abdulla And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 6431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 30651 of 2016
 

 
Applicant :- Abdulla And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Manoj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 30.9.2015 as well as entire proceeding of Criminal Case No. 14879 of 2016 (State Vs. Abdulla and others) bearing Case Crime No. 373/15, under Sections 498A/323/506 IPC and 3/4 Dowry Prohibition Act, Police Station Phase-II Noida, district Gautam Budh Nagar.

Submission of learned counsel for the applicants is that no offence against the applicants has been made out as per the material on record collected during investigation and the present criminal prosecution is baseless. 

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which 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.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.

At this stage, prayer for consideration of bail application has been made by the learned counsel for the applicants.

In view of the law laid down by this Court in Crl. Misc. Writ Petition No. 15609 of 2016 (Brahm Singh and 2 others Vs. State of U.P. and 2 others) and Criminal Misc. Writ Petition No. 17592 of 2016 (Radhey Shyam Vs. State of U.P. and 2 others) no specific directions, as prayed for consideration of bail, are required to be issued by this Court.

This application is, accordingly, disposed of.

Order Date :- 5.10.2016

p.s.