The single-judge court dismissed an application under Section 482 Cr.P.C. seeking to quash proceedings instituted under Sections 494 and 495 IPC, holding that disputed questions of fact could not be adjudicated at that stage.
No coercive action shall be taken against the applicant for a period of 45 days from the date of the judgment.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 34251 of 2018
Applicant :- Smt. Anita Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the order dated 17.5.2018 passed by learned Additional Sessions Judge, Court No. 6, Saharanpur in Criminal Revision No. 115 of 2016 and further to quash the entire proceedings of Complaint Case No. 18270 of 2016 (Yogesh VS. Anita and others) under Sections 494, 495 IPC, Police Station Sadar Bazar, District Saharanpur.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
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.
The prayer for quashing the entire proceedings of the aforesaid cases is refused.
Accordingly, this application under 482 Cr.P.C., is dismissed . However, it is provided that for a period of 45 days from today, no coercive action shall be taken against the applicant.
Order Date :- 26.9.2018 Jaswant
1 issue framed by the court
Whether the prosecution is malafide and no offence is made out against the applicant.
1 provisions across 1 enactments
Smt. Anita
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
