Dismissed

R.N. Sharma v. State of U.P.and Another

Allahabad HC21 Aug 2019A482/1131/2009

Case brief

AI extract

What is this about?

The High Court dismissed the application under Section 482 Cr.P.C. seeking to quash criminal proceedings under the Essential Commodities Act. The Court held that no offence was negatable at the filing stage and the accused should seek discharge under appropriate Cr.P.C. sections.

What did the court decide?

Petition for quashing of proceedings dismissed. No coercive action to be taken till disposal of discharge application.

R.N. Sharma Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 1131 of 2009

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Applicant :- R.N. Sharma Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sikandar B. Kochar,Sri Gopal S. Chaturvedi Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State.

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The present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 19.09.2008 passed by Additional Chief Judicial Magistrate, Court No. 19, Deoria as well as the further proceedings in Case No. 2682 of 2008 (State Vs. R.N. Sharma), Case Crime No. 18 of 2008, under sections 3/7 of the Essential Commodities Act, Police Station Baghauch Ghat, District Deoria pending in the court of Additional Chief Judicial Magistrate, Court No. 19, Deoria.

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

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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 applicant. All the submission made at the bar relates to the disputed question 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 disputed defence of the accused cannot be considered at this stage.

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Moreover, the applicant has got a right of discharge under section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose either personally or through counsel and he is free to take all the submissions in the said discharge application before the trial court.

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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With the aforesaid directions, this application is finally disposed off.

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Till the disposal of discharge application, no coercive action shall be taken against the applicant.

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Order Date :- 21.8.2019 Arti

R.N. Sharma v. State of U.P.and Another

Case brief

What is this about?

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R.N. Sharma v. State of U.P.and Another

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