Shiv Nayak Rai v. State Of U.P. And 2 Ors

Court No. - 54

Case :- APPLICATION U/S 482 No. - 17401 of 2014

Applicant :- Shiv Nayak Rai Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Kalp Nath Rai Counsel for Opposite Party :- Govt.Advocate

Hon'ble Bala Krishna Narayana,J.

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

The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceeding of Case No. 13 of 2013, under section 145 Cr.P.C., Police Station-Bhawerkol, District-Ghazipur.

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

Learned A.G.A. submitted that 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. Moreover, the applicant has got a right of discharge 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 including those which have been canvassed by him before this Court in this application.

The submissions made by learned A.G.A. have force.

Accordingly the prayer for quashing the proceedings of the aforementioned case is refused.

However, if the impleadment application if any filed by the applicant in the aforesaid case for impleading the other parties shall be considered and decided by the concerned Magistrate expeditiously before proceeding further in the matter.

With the aforesaid directions, this application is finally disposed of. Order Date :- 15.5.2014 Sharad

Neutral Citation No. - 2014:AHC:87282