In this Section 482 CrPC application, the High Court rejected the plea to quash criminal proceedings. The Court held that disputes were factual and no offence was clearly non-existent, directing applicants to seek discharge via proper application.
Prayer for quashing of criminal proceedings under section 482 Cr.P.C. refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- APPLICATION U/S 482 No. - 25673 of 2019
Applicant :- Ramavtar Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Chandra Prakash Singh, learned counsel for the applicants and Sri Abhinav Prasad, learned AGA for the State and also perused the record.
This application has been filed under section 482 Cr.PC with a prayer to quash Criminal proceedings of Criminal Case No. 7850 of 2018 under section 3/7 of E.C. Act, under section 409,420,411 IPC pending in the court of Ist Addl. CJM, Gautam Budh Nagar, arising out of Case Crime No. 398 of 2018, Police Station- Dadri, District- Gautam Budh Nagar.
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 purpose of harassment. He pointed out certain documents and statements in support of his contention.
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 relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283. The disputed defence of the accused cannot be considered at this stage.
Moreover, the applicants have got a right of discharge under section 239 or 227/228 Cr.PC. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
With the above directions, present application is disposed of.
Order Date :- 2.7.2019 ssm
3 issues framed by the court
Whether criminal proceedings under section 3/7 of E.C. Act, section 409, 420, 411 IPC should be quashed under section 482 Cr.PC as no offence is disclosed.
Whether disputed questions of fact and malafide intention can be adjudicated upon under section 482 Cr.PC at this stage.
Whether applicants can seek discharge under section 239 or 227/228 Cr.PC instead of quashing the proceedings.
Colour shows how this judgement treated each authority
R.P. Kapur v. State of PunjabExplained¶8
R.P. Kapur v. State of Punjab, AIR 1960 SC 866 · Who else cites this
State of Haryana v. Bhajan LalExplained¶8
State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar v. P.P.SharmaExplained¶8
State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and anotherExplained¶8
Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another
2 provisions across 1 enactments
Ramavtar Singh And Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
