Ramesh Sharma v. State of U.P. and Another

Court No. - 78

Case :- APPLICATION U/S 482 No. - 2552 of 2021

Applicant :- Ramesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Rao Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing of charge-sheet dated 25.06.2017 as well as N.B.W. dated 21.11.2019 arising out of case crime no. 150 of 2017 and proceedings of Case No. 433 of 2017 (State Vs. Ramu @ Raju), under Sections 272, 120B IPC and Sections 60(2), 63 of U.P. Excise Act, Police Station Ahirauli Bazar, District- Kushi Nagar, pending in the court of Additional Chief Judicial Magistrate, Kasiya, Kushi Nagar.

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 malafide intentions for the purposes of harassment.

From the perusal of 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 relates to the disputed question 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 the Supreme Court in case of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court.