Satya Foundation Welfare Trust vs State Of U.P. And Another
2023 Latest Caselaw 22181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:165395
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29982 of 2023
 

 
Applicant :- Satya Foundation Welfare Trust
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Balbeer Singh,Sanjay Kumar Gupta
 
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 order dated 25.01.2023 in Criminal Revision No.324 of 2022, summoning order dated 12.04.2022 as well as entire proceedings of Complaint Case No.878 of 2021 (Ramdhan Baaliyhan vs.Satya Foundation Welfare Trust & another), under Section 138 Negotiable Act, PS Nai Mandi, District Muzaffarnagar, pending in the Court of learned Additional Court, Muzaffarnagar.

3. Learned counsel for the applicant submits that no offence is made out under aforesaid section.

4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submits that submission raised by applicant's counsel are disputed question of facts, as such, the same cannot be examined at this stage.

5. Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned by learned counsel for the applicant are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

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 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.

8. However, if the applicant moved discharge application before the court below, then the court below shall decide his application expeditiously, in accordance with law.

Order Date :- 17.8.2023

SKD