An application under Section 482 Cr.P.C. seeking to quash a charge sheet in a rape case was rejected. The Court held that factual disputes and lack of evidence are not grounds for quashing at this stage, as only a prima facie case needs to be examined.
The application under Section 482 Cr.P.C. is rejected and the prayer for quashing is refused.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 24653 of 2019
Applicant :- Bashir Opposite Party :- State Of Up And Another Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Kumar, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet dated 02.08.2018, in Case No. 3371/2018 arising out of Case Crime No. 0436/2017, under Sections 376(1), 452, 504 and 506 I.P.C. Police Station- Tarya Sujan, District- Kushi Nagar.
Learned counsel for the applicant stated that the applicant has been falsely implicated in this case; attention of this Court has been drawn towards page no. 28 of the paper book in which compromise was held between victim and Bashir (accused applicant); attention was also drawn towards page no. 49 which is affidavit of several villagers who have not supported the prosecution case and thereafter, attention was also drawn towards page no. 60 of the paper book which is a letter written by the C.O., Kushinagar to Superintendent of police, Kushinagar in which some land dispute is mentioned between the victim and the accused applicant and because of that dispute, a false case has been initiated against the applicant; there is no incriminating evidence on record and despite there being no evidence, charge-sheet has been erroneously submitted which needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer of quashing.
As per F.I.R. the accused applicant had entered into the house of the victim and had forcibly committed rape upon her. After investigation, the police had submitted chargesheet against the applicant and under Section 164 Cr.P.C., the victim has supported the prosecution case.
The evidence which has been recorded by the I.O. during investigation cannot be disbelieved at this stage.
The arguments which are made by the learned counsel for the applicant are related to factual aspect which cannot be seen at this stage in the proceeding under Section 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9 . The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
In view of the above, this application under Section 482 Cr.P.C. is rejected.
However, the applicant may move discharge application before the court below, if so advised.
Order Date :- 1.7.2019 A. Mandhani
1 issue framed by the court
Whether a charge sheet filed under Sections 376(1), 452, 504 and 506 IPC can be quashed under Section 482 Cr.P.C. when the arguments relate to disputed questions of fact and lack of incriminating evid
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Bashir
State Of Up
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
