Kamal Gupta vs State Of U.P. And Another
2023 Latest Caselaw 348 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 33474 of 2022
 

 
Applicant :- Kamal Gupta
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kapil Dev Dubey,Pratikdhar Dwivedi,Rahul Kumar
 
Counsel for Opposite Party :- G.A.,Mohammad Belal
 

 
Hon'ble Rajiv Gupta,J.

Heardlearned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding as well as judgment and order dated 24.8.2022 of criminal revision no. 66 of 2022, Kamal Gupta Vs. Smt. Sonu Gupta and others, passed by Session Judge, Hapur and summoning order dated 5.3.2022 in complaint case no. 822 of 2021, Smt. Sonu Vs. Kamal Gupta and others under section 379, 452, 323, 504 I.P.C. passed by the court of Judicial Magistrate (II), Hapur.

As per the allegations made in the complaint and the statements of the witnesses recorded under section 200 and 202 Cr.P.C., it is alleged that O.P. No.2 is sister-in-law of the applicant and her husband was running a transport business who died on 31.8.2016. Thereafter the applicant started harassing the victim and tried to oust her from her house. It is further alleged that on 25.6.2021, the applicant forcibly entered in her house and after hurling abuses assaulted her and extended death threats to her and has forcibly taken away three vehicles.

Learned counsel for the applicant has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for the purpose of harassment, as such, entire proceedings be quashed.

Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicant and as such, the entire proceedings can not be quashed.

From the allegations made in the complaint and the statements of the witnesses recorded during the course of enquiry, prima facie offence is clearly made out against the applicant.

At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire proceedings is refused.

However, in case the applicant appears before the court below and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of.

Order Date :- 4.1.2023

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