Rasna Sharma And Another vs State Of U.P. And Another
2023 Latest Caselaw 25447 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:181024
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 30998 of 2023
 

 
Applicant :- Rasna Sharma And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Atul Kumar Tiwari
 
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 summoning order dated 2.11.2021 as well as entire proceeding of Complaint CAse No.141 of 2019 under Sections 323, 380 IPC Police Station Katghar, District Moradabad.

3. The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. It is further contended that the present FIR is counter-blast.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity.

5. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 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. 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 :- 19.9.2023

S.K.