Applicant challenged proceedings under Section 482 Cr.P.C. claiming false implication. Court held it cannot adjudicate disputed defenses or evidence here, requiring a prima facie case under R.P. Kapur. Application dismissed.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 6027 of 2021
Applicant :- Man Singh @ Man Singh Baghel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J .
2.Perused the record.
passed by Special Chief Judicial Magistrate, Agra. Aggrieved by aforesaid, applicant, who is a charge-sheeted accused has now approached this Court by means of present application under Section 482 Cr.P.C.
in favour of accused-applicant. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court i n R.P. Kapur v. State of Punjab, AIR 1960 SC 866 and State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Order Date :- 16.7.2021 YK
2 issues framed by the court
Whether the proceedings under Section 482 Cr.P.C. should be quashed on the grounds of false implication and lack of prima facie case.
Whether this Court can adjudicate upon the disputed defense of innocence at this stage.
Colour shows how this judgement treated each authority
R.P. Kapur v. State of PunjabReferred¶13
R.P. Kapur v. State of Punjab, AIR 1960 SC 866 · Who else cites this
State of Haryana v. Bhajan LalReferred¶13
State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar v. P.P. SharmaReferred¶13
State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and anotherReferred¶13
Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another
1 provisions across 1 enactments
Man Singh @ Man Singh Baghel
State of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
