The court refused an application under Section 482 Cr.P.C. to quash criminal proceedings, holding that disputed questions of fact preclude quashing and that the applicant must seek discharge through proper trial court procedures.
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. - 85
Case :- APPLICATION U/S 482 No. - 29268 of 2007
Applicant :- Rajesh Kumar Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,J.
Heard Sri Harsh Narayan Singh holding brief of Sri Prasand Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 9.4.2007 as well as the entire proceedings of Case No. 1616 of 2007 (State Vs. Rajesh Kumar Tripathi), under Sections-420, 467, 468, 471, 506 I.P.C., Police Station- Bithoor, District- Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur 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 a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
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 applicants. 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 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial
Court.
The prayer for quashing the proceedings is therefore refused.
Considering the facts and circumstances of the case, in the present case charge sheet can not be quashed at this stage. If the applicant feels, he may adopt all the measures which are permissible under the law.
With the above directions, this application is disposed of finally.
Order Date :- 15.7.2021 RPD
1 issue framed by the court
Whether the proceedings under Sections 420, 467, 468, 471, 506 IPC should be quashed at this stage given disputed questions of fact exist.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶9
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶9
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶9
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful HaqReferred¶9
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
1 provisions across 1 enactments
Rajesh Kumar Tripathi
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
