Apoorva Kumar Dubey vs State Of U.P. And Another
2023 Latest Caselaw 22418 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166702
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 30239 of 2023
 

 
Applicant :- Apoorva Kumar Dubey
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri
 
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 24.08.2022 as well as entire proceedings of Criminal Case No.18810 of 2023 arising out of Case Crime No.0532 of 2022 (State vs. Apoorva Kumar Dubey), under Section 384 I.P.C., PS Cantt., District Gorakhpur, pending in the Court of Chief Judicial Magistrate, Gorakhpur.

3. Learned counsel for the applicant submits that instant prosecution is malice prosecution and it is ante-timed FIR. Learned counsel for the applicant has pointed out that in Annexure No.8 applicant's vehicle was challaned under section 133 of Motor Vehicle Act, applicant photo was taken by the police party. The picture of the applicant found in that challeni report which was taken on 24.07.2022, is doubtful.

4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submitted that it is a disputed question of facts which 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 :- 18.8.2023

SKD