The court dismissed the application to quash the charge sheet, holding that the matter involves a factual dispute resolvable at trial. The application was disposed of with liberty to seek other statutory remedies.
Prayer to quash the charge sheet refused. Application disposed of with liberty to avail prescribed remedies.
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. - 5148 of 2007
Applicant :- Ravindra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,J.
This application U/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 22.4.2006 in case no. 1978 of 2006 (State Vs. Satvir and others), under sections 420, 467, 468, 471, 120-B IPC, P.S. Sihanigate, District Ghaziabad pending in the court of learned Judicial Magistrate, C.B.I. Ghaziabad in respect of the applicant.
The contention of learned counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes 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 adjudication of a factual dispute and appraisal of evidence.
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 at this stage. All the submission 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 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 prayer for quashing the charge sheet of the aforesaid case is refused.
However, considering the facts and circumstances of the case, this application filed under section 482 Cr.P.C. is disposed off with liberty to the applicant to avail the remedy which is prescribed in accordance with law.
Order Date :- 16.7.2021/A.
1 issue framed by the court
Whether the charge sheet discloses no offence against the applicant warranting quashing under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶7
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶7
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P. P.SharmaReferred¶7
State of Bihar Vs. P. P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶7
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another
1 provisions across 1 enactments
Ravindra Yadav
State of U.P.
Another
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
