The Single Judge dismissed an application under Section 482 CrPC seeking quashing of a charge-sheet under Sections 498A IPC and the D.P. Act. The court held that submissions raised disputed questions of fact unsuitable for determination at this stage.
Prayer for quashing charge-sheet and stay of proceedings refused.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 43276 of 2019
Applicant :- Ajay Awasthi And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings in Case No. 589 of 2019, arising out of Case Crime No. 490 of 2018, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Kishni, District Mainpuri, pending before the Civil Judge (SD)/FTC, Mainpuri and further to stay further proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. It is lastly submitted that applicants are on anticipatory bail.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 . From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. Hence, prayer made in the application is refused.
With the aforesaid observations, the application stands disposed of.
Order Date :- 28.11.2019
safi
2 issues framed by the court
Whether the prayer to quash the charge-sheet and proceedings under Section 482 CrPC is maintainable.
Whether a prima facie case for the offences is made out at this stage.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Ajay Awasthi And 4 Ors
Om Prakash
As recorded by the court registry
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