Veena Clancy vs State Of U.P. And Another
2023 Latest Caselaw 25161 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179829
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33250 of 2023
 

 
Applicant :- Veena Clancy
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ganesh Shanker Srivastava,Deepak Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.a
 
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 criminal proceedings of Criminal Case No. 315 of 2017 as well as Charge-sheet dated 15.12.2016 and cognizance order dated 19.01.2017 submitted in Case Crime No. 1073 of 2016 (State vs. Veena Clancy), under Sections 323, 504, 506, 325 IPC, P.S. Civil Lines, District- Mordabad pending in the Court of ACJM-02, Moradabad.

3. Counsel for the applicant submitted that allegation made in the first information report is without any material evidence and applicant has been falsely implicated in the present case. Applicant is neighbour of opposite party no. 2. No offence under alleged sections is made out against the applicant. Police has submitted charge-sheet against the applicant in collusion with the opposite party no. 2. Applicant is a 63 years old lady and has been granted bail by the court below.

4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission of the applicant is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter.

5. From the perusal of the 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 applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

Order Date :- 18.9.2023

Aditya