Neeraj vs State Of U.P. And Another
2017 Latest Caselaw 6598 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 35900 of 2017
 

 
Applicant :- Neeraj
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Devendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 3063 of 2016 arising out of Case Crime No. 95 of 2014 under Sections 379, 411 I.P.C., police station Swaroop Nagar, District Kanpur as well as charge-sheet dated 25.5.2015 submitted in the aforesaid case.

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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 applicant. 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.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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.

The application lacks merit and is accordingly, dismissed.

Order Date :- 9.11.2017

LN Tripathi