Deepak Singh v. State of U.P. and Anr.

Court No. - 76

Case :- APPLICATION U/S 482 No. - 45726 of 2019

Applicant :- Deepak Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 06.10.2018 submitted in Case Crime No.383 of 2018, under Sections 420, 406 I.P.C., Police Station Kwarsi, District Aligarh as well as for quashing the entire proceeding of Case No.8025 of 2019.

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

From a 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 applicant. 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 prima facie case is to be seen in the light of the law laid down by Supreme Court in 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 .