Onkar Singh v. State of U.P.and Another
Case brief
What is this about?
Allahabad High Court, Gautam Chowdhary J., 5.5.2022; APPLICATION U/S 482 No. 4998 of 2022, Onkar Singh v. State of U.P. and another; quashing sought of proceedings in Case No. 1268 of 2021 / Case Crime No. 0112 of 2019, Section 409 IPC, P.S. Bansdeeh Road, District Ballia; charge sheet dated 25.01.2021 and summoning order dated 08.03.2021 challenged; plea of no offence disclosed and mala fide prosecution to cause harassment; disputed questions of fact and appraisal of evidence not adjudicable under Section 482 Cr.P.C.; prima facie test per R.P. Kapur (AIR 1960 SC 866), Bhajan Lal (1992 SCC (Cr.) 426), P.P. Sharma (1992 SCC (Cr.) 192), Zandu Pharmaceutical (2005 SCC (Cr.) 283); reliefs refused, application dismissed.
What did the court decide?
The submissions advanced on behalf of the applicant relate to disputed questions of fact and appraisal of evidence, which cannot be adjudicated upon by the Court under Section 482 Cr.P.C.