Ishwari Prasad Sharma v. State of U.P. and 2 Ors.

Court No. - 65

Case :- APPLICATION U/S 482 No. - 18237 of 2014

Applicant :- Ishwari Prasad Sharma Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- A.P. Paul,B.B. Paul Counsel for Opposite Party :- Govt. Advocate,Adarsh Verma,Bhanu Prakash Verma

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri B.B. Paul, learned counsel for the applicant, Sri Bhanu Prakash Verma, learned counsel for the opposite party no. 3 and Sri A.D. Mishra, learned A.G.A. for the State.

The present application has been filed with a prayer to quash the proceeding of Criminal Case No. NIL of 2014, arising out of case crime no. 755 of 2013, under Sections 193, 439, 420, 467, 468, 471 and 506 IPC, P.S. Vrindawan, District Mathura, as well as charge sheet no. 66 of 2014 dated 15.2.2014 and F.I.R. of respondent no. 3 dated 18.10.2013.

Learned counsel for the applicant has argued that the opposite party no. 3 has falsely implicated the accused-applicant. He has drawn attention to pedigree given at page 6 of the application u/s 482 Cr.P.C., in which informant is shown to be the fourth son of Raghubar and the accused Ishwari Prasad Sharma is stated by him to be alleged second husband of Safedi @ Kusum, who was wife of Hariom, who was second son of Raghubar. He has further argued that no such second marriage was performed by the Safedi with present accused Ishwari Prasad Sharma. All the documents, in this regard, which have been submitted before the Investigating Officer, have been fabricated by the opposite party no. 3 in order to grab the property of deceased- Hariom, who was husband of Safedi, therefore, police has conducted investigation cursorily and has submitted charge sheet erroneously without investigating the matter in depth, hence this would amount to malicious prosecution against the accused-applicant. It is further argued that if the proceedings are allowed to continue, that would amount to abuse of process of law, which needs to be quashed.