Om Prakash Rai vs State Of U.P. And Another
2023 Latest Caselaw 27703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193685
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 32862 of 2023
 
Applicant :- Om Prakash Rai
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Subhash Singh Yadav
 
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 impugned charge-sheet dated 27.05.2023, cognizance order dated 02.08.2023 as well as entire proceedings of Criminal Case No.108 of 2023 arising out of Case Crime No.281 of 2022, under Sections 417, 466, 468 I.P.C. PS Kasimabad, District Ghazipur, pending in the Court of Judicial Magistrate, Mohammadabad, Court No.2, Ghazipur.

3. Learned counsel for the applicant submits that there is no allegation against the applicant and frivolous proceeding is going on against the applicant. No offence under alleged sections is made out against the applicant.

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. Allegation against the applicant is that the applicant used forged papers and documents issued from SDM office.

5. Considered the entire facts and circumstances of the case and submission raised by learned counsel for the applicant. Submission of the applicant is purely based on factual disputes and at this stage, it cannot be said that no offence is made out. This Court is not inclined to interfere in the proceeding and at this stage, factual dispute cannot be examined.

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.

Order Date :- 9.10.2023/SKD