Anoop Verma Vs State of Up and Another — Allahabad HC (2020) — LawSathi Research

Anoop Verma Vs State of Up and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

None; the application u/s 482 Cr.P.C. was dismissed, with the direction that if the applicants appear before the court below and move an application for bail, it shall be disposed of expeditiously in accordance with law.

Issue for consideration

Whether the charge sheet dated 21.10.2019 in S.S.T. No. 636 of 2019 (State vs. Anup Verma and others), Case Crime No. 373 of 2019 (Sections 147, 323, 504 IPC and Sections 3(1)(D), 3(1)(Dha) SC/ST Act), should be quashed under Section 482 Cr.P.C. on the ground that the applicant was falsely implicated and the prosecution was instituted mala fide to harass him, amounting to abuse of the process of court.

Court's answer

From the perusal of the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.

Ratio / Principle

The submissions at the bar relate to disputed questions of fact which require evidence and cannot be adjudicated 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 in R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical, and the applicant has failed to prove any prima facie case.

Key takeaways

Learned counsel for the applicant failed to show any abuse of process of court or likelihood of miscarriage of justice requiring exercise of the Court's inherent powers; the application is devoid of merits and liable to be dismissed.ratio¶10
If the applicants appear before the court below and move an application for bail, the same shall be disposed of expeditiously in accordance with law.ratio¶12

Detailed headnote1 paragraphs

Quashing of charge sheet — inherent powers under Section 482 Cr.P.C. — application to quash charge sheet dated 21.10.2019 in S.S.T. No. 636 of 2019 (State vs. Anup Verma and others), arising out of Case Crime No. 373 of 2019 under Sections 147, 323, 504 IPC and Sections 3(1)(D) and 3(1)(Dha) SC/ST Act, P.S. Kotwali (Khalilabad), Sant Kabir Nagar — contention that the applicant was falsely implicated and the prosecution was instituted mala fide to harass him, amounting to abuse of the process of court — Held: on the material on record it cannot be said that no offence is made out against the applicant; the submissions raised disputed questions of fact requiring evidence, which cannot be adjudicated under Section 482 Cr.P.C.; only a prima facie case was to be seen in the light 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 Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (2005 SCC (Cr.) 283), and the applicant failed to prove any prima facie case; no abuse of process of court or likelihood of miscarriage of justice was shown — application dismissed, with liberty that a bail application, if moved, be disposed of expeditiously (Harsh Kumar, J.; order dated 18.2.2020).

Court No. - 79

Case :- APPLICATION U/S 482 No. - 5413 of 2020

Applicant :- Anoop Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Narayan Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard Sri Ram Narayan Dwivedi, learned counsel for the applicant, and learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 21.10.2019 passed by court below, Sant Kabir Nagar in S.S.T. No.636 of 2019 (State vs. Anup Verma others) in Case Crime No.373 of 2019 u/s 147, 323, 504 I.P.C. and 3(1)(D) and 3(1) (Dha) SC/ST Act, P.S. Kotwali (Khalilabad), Sant Kabir Nagar.

The contention of learned counsel for the applicant is that applicant has been falsely implicated and offence is made out against him; that present prosecution has been instituted with a malafide intention for the purposes of harassment of applicant which is abuse of process of Court. He referred to certain evidence in support of his contention.

Per contra, learned A.G.A. submitted that in application u/s 482 Cr.P.C. No.6607 of 2020 the prayer of co-accused Anshu Sharma and another for quashing the charge sheet, has been rejected vide order dated 14.2.2020.

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 applicant. All the submissions made at the bar relate to the disputed questions of fact, which require evidence and 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, and the applicant has failed to prove any prima facie case.

In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.

The application u/s 482 Cr.P.C. is accordingly dismissed.

However, if the applicants appear before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.

Order Date :- 18.2.2020

VS