Narendra vs State Of U.P. & Another
2017 Latest Caselaw 6640 ALL

Citation : 2017 Latest Caselaw 6640 ALL
Judgement Date : 9 November, 2017

Allahabad High Court

Narendra vs State Of U.P. & Another on 9 November, 2017

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 35965 of 2017
 

 
Applicant :- Narendra
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Deepak Rana
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri P.K. Yadav, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1067 of 2016 arising out of Case Crime No. 235 of 2017 under sections 147, 148, 307, 452, 504 I.P.C. police station Dholana, District Hapur, as well as charge-sheet 23.9.2017 submitted in the aforesaid case.

Learned counsel for the applicant submits that co-accused Jagdish has already been granted bail by the competent court.

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 and the charge-sheet is refused.

However, if the applicant surrender before the court below and move applicant for bail, the court below while considering his prayer for bail shall take into account that co-accused has already been granted bail by the competent court.

With the aforesaid observations, the application stands disposed of.

Order Date :- 9.11.2017

LN Tripathi