Haif Khan vs State Of U.P. And Another
2023 Latest Caselaw 27668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193978
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 34868 of 2023
 

 
Applicant :- Hanif Khan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prashant Yadav,Rajeev Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 7566 of 2008 (State vs. Hanif and Others), arising out of Charge sheet dated 22.10.2008 submitted in Case Crime No. 507 of 2008, under Sections 420, 467, 468, 471 IPC, Police Station- Kwarasi, District- Aligarh as well as cognizance and summoning order dated 17.11.2008 issued in the above mentioned proceeding pending before the learned Chief Judicial Magistrate, Aligarh.

3. Learned counsel for the applicant submits that instant proceeding against the applicant is abuse of process of law as first information report lodged by the opposite party no. 2 is not supported by any evidence. Moreover, during investigation Investigating Officer has not collected any credible evidence against the applicant to prosecute him in the present case. He therefore submits, no prosecution could proceed against the applicant, in such circumstances.

4. Per contra, learned AGA opposes the submissions made by counsel for the applicant and submits that submissions raised by counsel for the applicant are disputed questions of fact, which cannot be examined at this stage. He further submits that proceedings against the applicant are pending since 2008.

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 questions of fact 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. However, if the applicant moves discharge application before the concerned court below, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of two months from the date of filing of discharge application.

8. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 9.10.2023

Aditya