Dismissed

Vishnu Thakur v. State of U.P. and 2 Others

Allahabad HC11 Oct 2023A482/30316/2023

Case brief

AI extract

What is this about?

This judgment dismisses an application under Section 482 Cr.P.C. seeking to quash a charge sheet and criminal proceedings involving rape and related offenses. The Court held that disputed facts cannot be adjudicated at this stage and no ground for quashing was established.

What did the court decide?

None. The application to quash the charge sheet and proceedings was dismissed as it lacked merit and involved disputed questions of fact.

Vishnu Thakur Vs State of U.P. and 2 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:196161

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 30316 of 2023

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Applicant :- Vishnu Thakur Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 25.06.2022 as well as the entire proceedings of Sessions Trial No. 726 of 2023, under Sections 376, 328, 506 IPC, arising out of Case Crime No. 186 of 2020, P.S. Highway, DistrictMathura, pending in the Court of District and Sessions Judge, Mathura.

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Counsel for the applicant submits that the allegation made in the first information report is without support of any evidence and the instant prosecution is a malicious prosecution only to harass the applicant. He has placed reliance on the documents according to which opposite party no. 2 has moved an affidavit stating therein that on the persuasion of other persons, she lodged first information report against the applicant. He further submits that cognizance taken by the learned Magistrate and summoning of the applicant in the instant case is abuse of process of law.

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Per contra, learned AGA opposes the submissions made by counsel for the applicant and submits that submissions raised by counsel for the applicant are disputed questions of fact, which cannot be examined at this stage.

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Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned counsel for the applicant are disputed questions of fact and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

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In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960

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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 , no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

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The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed .

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Order Date :- 11.10.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Vishnu Thakur v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Vishnu Thakur v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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