This court dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet, holding that an offence was made out and disputed facts are for the trial court. The court directed expeditious consideration of bail if the applicants surrender.
Prayer for quashing the charge sheet is refused and the application is disposed of finally.
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. - 14
Case :- APPLICATION U/S 482 No. - 3664 of 2018
Applicant :- Smt. Pravesh Opposite Party :- State Of U.P. 1 Ors Counsel for Applicant :- Ajay Kumar Shukla 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.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet no. 265/2017 in Case No. 1406/2017 (State Vs. Ramesh Sarkari and others) arising out of Case Crime No. 412/2017 under Sections 323, 385, 504 and 506 I.P.C., Police Delhi Gate District Aligarh pending the court of A.C.J.M. IXth Aligarh.
Learned counsel for the applicant contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and she has not committed any offence.
Learned A.G.A. contended that there is no illegality in passing impugned order by the trial court.
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. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
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.
In view of the above, the prayer for quashing the charge sheet in the aforesaid case is refused.
However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 7.2.2018 Sharad/-
2 issues framed by the court
Whether Section 482 Cr.P.C. prayer to quash the charge sheet can be granted when allegations disclose an offence.
Whether disputed questions of fact can be adjudicated under Section 482 Cr.P.C.
1 provisions across 1 enactments
Smt. Pravesh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
