Jai Bhagwan vs State Of U.P. And Another
2019 Latest Caselaw 6160 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 26540 of 2019
 

 
Applicant :- Jai Bhagwan
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Dinesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the impugned charge sheet dated 20.3.2018 as well as entire criminal proceedings of Case Crime No.436 of 2017, under Sections 419, 420, 467, 468, 471, 452, 323, 504, 506, 427 IPC and 3(2) (V) of SC/ST Act, P.S. Masuri, District- Ghaziabad, pending in the court of Special Judge, SC/ST Act, Ghaziabad.

As per the allegations made in the first information report, it is alleged that the applicant has got executed a sale-deed on the basis of forged and fictitious documents and thereafter on 6.4.2017 at about 5 p.m. entered in the house of the applicant and abused him with the name of his caste and assaulted him.

Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.

Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.

The prayer for quashing the charge sheet as well as entire criminal proceedings is therefore refused.

However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.

With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

Order Date :- 9.7.2019

KU