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