Dismissed

Naresh and 4 Others v. State of U.P. and Another

Allahabad HC7 Dec 2019A482/44168/2019

Case brief

AI extract

What is this about?

The Court dismissed an application under Section 482 Cr.P.C. seeking quashing of summons and prosecution proceedings. It held that disputed questions of fact and lack of manifest malafide preclude quashing at this stage, noting prima facie case is established by material on record.

What did the court decide?

Application under Section 482 Cr.P.C. to quash the summons order and proceedings is dismissed.

Naresh and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 44168 of 2019

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Applicant :- Naresh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Sushil Kumar Shukla, learned counsel for the applicants. Learned AGA for the State is not present.

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceeding including summoning order dated 12.9.2019 passed by Judicial Magistrate-I, Budhana, Muzaffar Nagar in Complaint Case No. 907/09 of 2015 (Ram Mehar Singh vs. Naresh and others), under Sections 323, 504, 506 I.P.C., P.S. Bhaurakalan, District Muzaffar Nagar.

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It has been contended by learned counsel for the applicants that there are several contradictions in the statement under Section 200 and 202 Cr.P.C and no offence prima facie is made out to frame charge against the accused-applicants. The present prosecution has been instituted with a malafide intention for the purposes of harassment. He further pointed out certain documents and statements in support of his contention.

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Learned AGA opposed the prayer by submitting that at the time of framing charge, the court has to see only prima facie evidence.

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From perusal of material on record and looking to the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at 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 prima facie case is to be seen in the light of law laid down by Supreme Court in Cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

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I do not see any good ground for quashing the same. The application lacks merits and is, accordingly, dismissed .

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Order Date :- 7.12.2019 Manoj

Naresh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Naresh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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