Shahzad And 5 Others vs State Of U.P. And Another
2023 Latest Caselaw 1172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 31006 of 2022
 

 
Applicant :- Shahzad And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Amit Rai,Abhyudaya Tripathi,Anand Shankar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to quash the Charge sheet dated 29.04.2022 as well as the cognizance order dated 03.08.2022 along with entire proceedings of Case No. 4178 of 2022 (State Vs. Shahzad and Others) pertaining to Case Crime No. 91 of 2022, under Sections 498A, 323, 504, & 506 of IPC and Section 3/4 Dowry Prohibition Act and Section 3/4 Protection of Muslim Women Act against the applicant no.1, under Sections 498A, 323, 504, 506, 325, 376D of IPC & 3/4 Dowry Prohibition Act against the applicant nos. 2 & 3, under Sections 498A, 323, 504, 506 of IPC and 3/4 Dowry Prohibition Act against the applicant no.4 to 6, Police Station-Kotwali Dehat, District- Bijnor, pending in the Court of Learned Judicial Magistrate, Court No. 2, Nagina, Bijnor.

Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants, in fact, no such incident has been taken place. Further submission is that no offence against the applicants are disclosed and the court below has utterly failed to consider, as no prima facie case is made out against the applicants. He also pointed out the certain documents in support of his contention.

From the perusal of 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 applicants. All the submissions made at the Bar relates to the disputed question 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 Hon'ble 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. The disputed defence of the accused cannot be considered at this stage.

Moreover, the applicants have got a right of discharge under Section 239 or 227/228 and or 245 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

The reliance placed by the learned counsel for the applicants on the judgment of this Court in Application u/s 482 No. 2830 of 2021 delivered on 09.09.2022 and the judgment of the Hon'ble Apex Court in Case of State of Gujrat Vs. Girish Radhakrishnan Varde:2013 0 Supreme (SC) 1070 application to the present case.

The prayer for quashing the entire proceedings of the above mentioned case is hereby refused.

Accordingly, the present application is dismissed.

Order Date :- 11.1.2023

Neetu