Dismissed

Babbu Pathak Alias Mahendra Kumar Sharma v. State of U.P. and Ors.

Allahabad HC8 Oct 2018A482/34775/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and a summoning order, the single judge held that contentions regarding malafide prosecution and false implication involve disputed factual questions unsuitable for pre-trial adjudication. Finding no abuse of process or established category for quashing, the application was dismissed.

What did the court decide?

The prayer for quashing the complaint case and impugned summoning order is refused. The present application under Section 482 Cr.P.C. is dismissed.

Babbu Pathak Alias Mahendra Kumar Sharma Vs… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 21

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Case :- APPLICATION U/S 482 No. - 34775 of 2018

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Applicant :- Babbu Pathak Alias Mahendra Kumar Sharma Opposite Party :- State Of U.P. And Ors Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.

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This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of complaint case no. 1803 of 2017 (Smt. Priti Vs. Babbu Pathak and others) including impugned summoning order dated 17.10.2017 for the offence under sections 452, 376, 506 IPC, P.S. Jahangirabad, Disstrict Bulandshahr, pending in the court of ACJM Court no.1, Bulandshahr.

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The contention of the 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. He pointed out certain documents and statements in support of his contention.

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All the contentions raised by the applicant's counsel relates to disputed questions of fact. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.

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Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The Hon'ble Supreme Court has given the board principles which emerge from the precedents on the subject in its judgement in the case of Prabathbai Aahir @ Prabatbhai vs. State of Gujrat (2017) 9 SCC 641 .

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The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 . The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where

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criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.

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Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.

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The submissions made by the applicant's learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. I do not find any justification to quash the complaint against the applicant arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.

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The prayer for quashing the same is refused as I do not see any abuse of the court's process either.

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Accordingly, the present application is dismissed .

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Order Date :- 8.10.2018 Prajapati

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[Chandra Dhari Singh, J

Babbu Pathak Alias Mahendra Kumar Sharma v. State of U.P. and Ors.

Case brief

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Babbu Pathak Alias Mahendra Kumar Sharma v. State of U.P. and Ors.

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