The High Court rejected an application under Section 482 Cr.P.C. to quash a charge sheet, cognizance order, and trial proceedings. The court held that the dispute involves factual questions of a disputed nature not adjudicable at this stage, noting the applicant had not been discharged.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 40643 of 2022
Applicant :- Zameel Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Kumar Mishra,Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 28.11.2020 and cognizance order dated 2.7.2021 as well as entire proceedings of Case No. 2491 of 2021, State Vs. Zameel Ahmad, under section 15 (2) & 15(3) of Indian Medical Council Act and section 420 I.P.C., arising out of case crime no. 332 of 2020, P.S. Tanda, District Rampur.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, impugned charge sheet, cognizance order as well as entire proceedings be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, impugned charge sheet, cognizance order as well as entire proceedings cannot be quashed.
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. 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 the Supreme Court in the 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.
Moreover, the applicant had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against them.
The prayer for quashing the impugned charge sheet, cognizance order as well as entire proceedings is therefore refused.
However, it is directed that in case the applicants file an application for discharge before the court below, the same be considered and decided expeditiously in accordance with law after hearing the public prosecutor.
With the aforesaid directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 18.1.2023 R
Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the charge sheet and cognizance order in a case alleged to be an attempt to harass the applicant should be quashed under Section 482 Cr.P.C.
Whether a prima facie offence is made out based on the material on record at the stage of a Section 482 application.
Zameel Ahmad
State of U.P.
Rajiv Gupta
Ram Asare Morya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
