Raja Sonkar vs State Of U.P. And Another
2023 Latest Caselaw 21562 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162692
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29113 of 2023
 

 
Applicant :- Raja Sonkar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mahendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.9.2022 and entire proceedings of the Criminal Case No.229014 of 2022 arising out of case crime no.73 of 2022 (State vs. Raja Sonkar) under Sections 363, 366 I.P.C. P.S. Anwarganj, District Kanpur Nagar, pending in the Court of Additional District Judge 24th/F.T.C. Kanpur Nagar.

3. The contention of learned counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. He submits that applicant is not named in the FIR and no evidence was collected against the applicant during investigation. Statements u/s 161 and 164 Cr.P.C. are not supporting the prosecution version and victim has not made any allegation against the applicant.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the entire proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity.

5. From a perusal of the impugned order, it is apparent that the learned Judge has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the case as well as the statement of the witnesses.

6. In view of the above, in the light of judgment of the Apex Court in the matters 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, no ground for quashing the entire proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. However, if the applicant moves discharge application before the trial court his discharge application shall be decided in accordance with law.

Order Date :- 10.8.2023

m.a.