Dheeraj Verma vs State Of U.P. And Another
2023 Latest Caselaw 22231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:165059
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29923 of 2023
 

 
Applicant :- Dheeraj Verma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sudhir Dixit,Deepti,Utkarsh Dixit
 
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 02.11.2021, impugned cognizance order dated 08.11.2021 as well as entire proceedings of Criminal Case No.30912 of 2021 arising out of Case Crime No.1353 of 2021, under Sections 380, 411, 120-B, 34 I.P.C., PS Kavi Nagar, District Ghaziabad, pending in the Court of CJM, Ghaziabad.

3. The contention of learned counsel for the applicant is that applicant was not named in the FIR. During investigation, applicant was arrested from the house and recovered white metal is not supported by the prosecution case. There is no evidence against the applicant. 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.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the 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 Magistrate 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 complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.

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 moves discharge application before the court below, the court below shall consider the same and decide the application expeditiously, in accordance with law.

Order Date :- 17.8.2023

Nitin Verma