Paramhans Tiwary And 8 Others vs State Of U.P. And Another
2022 Latest Caselaw 1365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 15742 of 2018
 

 
Applicant :- Paramhans Tiwary And 8 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rupak Chaubey,Shailesh Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the parties, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 26.12.2017 as well as entire criminal proceedings of Case No. 82 of 2018 (State of U.P. Vs. Neeraj Tiwary & others), arising out of Case Crime No. 39 of 2017, under Sections 498-A, 323, 504, 506, 494 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Varanasi, pending in the court of A.C.J.M. Court, No.3, Varanasi.

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. Learned counsel for the applicants placed reliance upon the judgment of the Apex Court in the case of Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Others 2020 (0) SCC 117 and Geeta Mehrotra & Anr. Vs. State of U.P. & Anr..

The judgment cited by the learned counsel for the applicants are not applicable in this case in view of the fact that in the F.I.R. there is specific allegation against entire family that she was assaulted by the accused persons. Moreover, from the report of Doctor annexed as Annexure No.3, also shows that the victim has sustained injuries.

At this stage, the argument raised by learned counsel for the applicants involves adjudication of a factual dispute and appraisal of evidence.

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 at this stage. 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.

Accordingly, the application stands dismissed.

Order Date :- 25.4.2022

Krishna*