Arun Kumar Rawat vs State Of U.P. And Another
2023 Latest Caselaw 27819 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195011
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32549 of 2023
 

 
Applicant :- Arun Kumar Rawat
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aklank Kumar Jain,Shivendra Tripathi
 
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 Case No. 1514 of 2021 (State vs. Dharmendra Kumar and Others), under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station- Kabrai, District- Mahoba pending in the Court of Chief Judicial Magistrate, Mahoba including charge sheet dated 23.01.2021, arising out of Case Crime No. 325 of 2020, Police Station- Kabrai, District- Mahoba as well as impugned summoning order dated 26.03.2021 passed by the Chief Judicial Magistrate.

3. Learned counsel for the applicant submits that applicant was not named in the first information report and during investigation on the basis of statement of co-accused his name surfaced in the present case. He next submits that no offence is made out against the applicant under the alleged sections. He further submits that the Investigating Officer has not collected any cogent evidence against the applicant to implicate him in the present case.

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.

5. Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised 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. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

Order Date :- 10.10.2023

Aditya