This respondent state moved magistrate dismissed a Section 482 application seeking to quash a charge sheet alleging offences under the IPC. The court held that the dispute raised factual issues inappropriate for adjudication at the quashing stage and refused the prayer.
Charge sheet dated 15.5.2016 was not quashed; application dismissed for lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- APPLICATION U/S 482 No. - 1962 of 2018
Applicant :- Sarfaraz Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Vinod Kumar Tirpathi,Mr Manoj Kumar Tripathi
Counsel for Opposite Party :- C.S.C.
Hon'ble Ramesh Sinha,J.
Heard Sri M.K. Tripathi, learned counsel for the applicants and Sri Ashish Pandey, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 15.5.2016 in case crime no. 165 of 2015 under sections 147, 148, 149, 307, 504, 506 I.P.C., police station Kithour, District Meerut.
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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 applicants. 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. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases 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.
The prayer for quashing the charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 1.2.2018 Shiraz
3 issues framed by the court
Whether the charge-sheet discloses an offence and warrants quashing under Section 482 Cr.P.C.
Whether the allegations amount to a prima facie case maintaining criminal liability.
Whether the prosecution was instituted with malafide intention for harassment.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶9
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶9
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶9
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶9
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
2 provisions across 2 enactments
Sarfaraz
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
