Dharmendra and 5 Ors. Vs State of U.P. and Another

Court No. - 14

Case :- APPLICATION U/S 482 No. - 5884 of 2018

Applicant :- Dharmendra And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Sri Santosh Kumar Dubey, learned counsel for the applicants and learned A.G.A. for the State. Perused the record.

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This application under Section 482 Cr.P.C., has been filed for quashing the charge sheet dated 27.12.2017 as well as entire proceeding of Case No. 481 of 2018 arising out of Case Crime No. 668 of 2017 under Sections 147, 188, 171-E IPC, Police Station Dankaur, District Gautam Budh Nagar pending in the court of 1st Additional Chief Judicial Magistrate Gautam Budh Nagar as well as cognizance dated 20.1.2018.

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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.

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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., 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

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The prayer for quashing the charge sheet as well as cognizance order passed in the aforesaid case is refused.

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In view of above, this application stands dismissed.

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Order Date :- 14.3.2018 Jaswant

Dharmendra and 5 Ors. v. State of U.P. and Another

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Dharmendra and 5 Ors. v. State of U.P. and Another

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