In an application under Section 482 Cr.P.C. to quash criminal proceedings, the court held that the matter involved adjudication of factual disputes. It observed that only a prima facie case can be examined at this stage, dismissing the application.
Prayer for quashing of criminal proceedings refused and application dismissed.
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. - 7178 of 2021
Applicant :- Bhoore And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Complaint Case No. 534 of 2018 (Agra Singh Vs. Bhoore and others) pending in the court of Addl. Sessions Jude/ Special Judge, SC/ST (P.A.) Act, District Budaun whereby the applicants have been summoned vide order dated 13.01.2021 under sections 323, 504 iPC and section 3(1)(Gha), 3(2)(v-ka) SC/ST Act, 1989, p.S. Binawar, District Budaun.
The contention of learned counsel for the applicants is that no offence against the applicants 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.
At this stage, the argument raised by learned counsel for the applicants 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 applicants at this stage. 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 prayer for quashing the entire proceeding of the aforesaid case is refused.
The application stands dismissed.
Order Date :- 23.9.2021/RPD
3 issues framed by the court
Whether offence is made out against the applicants based on prima facie material
Whether adjudication of factual disputes and appraisal of evidence can be done under Section 482 Cr.P.C.
Whether the application under Section 482 Cr.P.C. for quashing proceedings should be allowed
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 Haq and anotherReferred¶9
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
3 provisions across 3 enactments
Bhoore And 3 Others
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
