Dismissed

Ashok Kumar Gautam v. State of U.P. and Another

Allahabad HC20 Jul 2022A482/7716/2022

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What is this about?

Hon'ble Gautam Chowdhary, J. dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and charge sheet. The court held that disputed questions of fact regarding malafide intention could not be adjudicated at this stage as no prima facie case for quashing was made out.

What did the court decide?

Relief sought to quash entire proceedings, charge sheet, and cognizance order refused.

Ashok Kumar Gautam Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 7716 of 2022

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Applicant : - Ashok Kumar Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 853 of 2020 (State Vs. Ashok Gautam and Ors.), arising out of Case Crime No.304 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Delhi Gate, District Aligarh as well as to quash the charge-sheet No.48 of 2020 dated 05.03.2020 and also to quash the cognizance order dated 09.07.2020.

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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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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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 disputed defence of the accused cannot be considered at this stage.

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The reliefs as sought by the applicant is refused.

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The application stands disposed off.

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Order Date :- 20.7.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.07.21 09:35:29 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar Gautam v. State of U.P. and Another

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Ashok Kumar Gautam v. State of U.P. and Another

Case brief

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