Samsuddin Miya vs State Of U.P. And Another
2019 Latest Caselaw 808 ALL

Citation : 2019 Latest Caselaw 808 ALL
Judgement Date : 7 March, 2019

Allahabad High Court

Samsuddin Miya vs State Of U.P. And Another on 7 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- APPLICATION U/S 482 No. - 8890 of 2019
 
Applicant :- Samsuddin Miya
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,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 filed for quashing the impugned charge-sheet dated 8.10.2007 along with cognizance order dated 24.10.2007 as well as entire criminal proceeding of Case No. 1403 of 2007 (State Vs. Abdul Aziz) arising out of Case Crime No. 318 of 2007, under section 323, 504, 506, 325 IPC, P.S. Nebua Naurangiya, District Kushi Nagar pending in the court of learned Judicial Magistrate, Kushi Nagar at Padrauna.

The contention of the 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 submission made at the bar relates to the disputed question 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 disputed defence of the accused cannot be considered at this stage.

Considering the facts and circumstances of the case, I do not find any ground to quash the charge-sheet dated 8.10.2007 along with cognizance order dated 24.10.2007 as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application U/s 482 Cr.P.C. is dismissed.

Order Date :- 7.3.2019

Masarrat