Km. Sariya vs State Of Up And Another
2019 Latest Caselaw 812 ALL

Citation : 2019 Latest Caselaw 812 ALL
Judgement Date : 7 March, 2019

Allahabad High Court

Km. Sariya vs State Of Up And Another on 7 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 8869 of 2019
 

 
Applicant :- Km. Sariya
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey
 
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 charge-sheet dated 27.11.2014, under section 498A, 304B IPC and 3/4 D.P. Act, Case Crime No. 95/2014, P.S. Ganjdundwara, District Kasganj and summoning order dated 18.12.2014 passed by CJM, Etah.

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 27.11.2014 as well as summoning order dated 18.11.2014 in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law considering this aspect that applicant is an unmarried Nanad of the deceased.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 7.3.2019

Masarrat