Application seeking quashing of criminal proceedings under Section 482 Cr.P.C. was dismissed on the ground that the applicants had no prima facie case and that their submissions amounted to disputed defenses requiring evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- APPLICATION U/S 482 No. - 2572 of 2021
Applicant :- Imlakh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants as well as Sri Nikhil Chaturvedi, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings of Case No. 5700 of 2020 (State Vs. Imlakh and another), arising out of Case Crime No. 242 of 2020, under Sections 341, 506 IPC, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar as well as charge sheet dated 20.08.2020.
Learned counsel for the applicants contends that the present proceedings have been initiated as a counter blast to the proceedings under Section 156(3) Cr.P.C. instituted by the brother of the applicant, which is registered as Case Crime No. 0054 of 2018, under Sections 504, 392, 307, 506, 323 IPC. He further submits that no offence is disclosed against the applicants in the present case. He next submitted that the present prosecution has been initiated with malicious intention for the purpose of harassment.
On the other hand, learned AGA submits that perusal of the first information report reveals that prima facie case is disclosed against the applicants.
Having heard learned counsel for the applicants and learned AGA for the State, I am of the view that the submission urged by learned counsel for the applicants relates to the disputed defence of the applicants, which cannot be examined in exercise of jurisdiction U/s 482 Cr.P.C. as appraisal and appreciation of evidence is not permissible in exercise of jurisdiction U/s 482 Cr.P.C.
In view of the above, no occasion arises to entertain this application, it is, accordingly, dismissed.
Order Date :- 18.2.2021 Lbm/-
1 provisions across 1 enactments
Imlakh
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
