The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings instituted due to malafide intent. The court observed it was impossible for an IIT Scientist to commit an offence of theft of 500 bricks.
The proceedings of case No. 1107 of 2005 were quashed.
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Court No. - 17
Case :- APPLICATION U/S 482 No. - 16285 of 2005
Applicant :- Pradeep @ Sandeep Kumar Dwivedi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.C. Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of case No. 1107 of 2005, under Sections 354, 323, 379, 504, 506 I.P.C. police station Gopiganj, district Sant Ravidas Nagar, Bhadohi and for setting aside the order dated 25.10.2005 and 2.3.2005 passed by the Additional Chief Judicial Magistrate, Bhadohi at Gyanpur.
The contention of the 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. Learned counsel for the applicant submitted that in the statement recorded under Section 200 Cr.P.C. there is no allegation against the applicant for the offence under Section 354, 323, 504, 506 I.P.C. There is only allegation under Section 379 I.P.C. against the applicant.
On the perusal of the record and after considering the rival submission of the learned counsel for the parties it transpires that it is impossible that an IIT Scientist will commit an offence of theft of 500 bricks. Thus, the court below has not taken a view in this regard and therefore, the impugned order is liable to be set aside.
This application is, accordingly, allowed. Proceedings of the aforesaid case is hereby quashed.
Order Date :- 27.2.2019
A. Pt. Singh
1 issue framed by the court
Whether the proceedings instituted under Sections 354, 323, 379, 504, 506 I.P.C. should be quashed.
2 provisions across 2 enactments
Pradeep @ Sandeep Kumar Dwivedi
State Of U.P.
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
