Ankit vs State of U.P. and Another

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

The present application u/s 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 47 of 2014, State Vs. Chandra Shekhar and others arising out of case crime no. 318 of 2013, under Sections 307, 323, 452, 504 IPC and section 3(2)(V), 3(1)(X) SC/ST Act, P.S.-Murad Nagar, District-Ghaziabad as well as charge sheet dated 26.06.2013.

The contention of the 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.

Per contra learned A.G.A. submitted that 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 applicant. The submissions made by learned counsel for the applicant relate to disputed questions of fact, which cannot be adjudicated upon by this Court u/s 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. The State of Punjab, , State of Haryana and others Vs. Ch. Bhajan Lal and another Shri S.A. Khan, , State of Bihar and Another Vs. P.P. Sharma, IAS and Another, and lastly Zandu Pharmaceutical Works Ltd. and Others Vs. Md. Sharaful Haque and Others, . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge u/s 239 or 227/228 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.

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

The prayer for quashing the proceedings of the aforementioned case and the charge sheet is refused.

After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrender before the Court below within 30 days from today and applies for bail, then his bail application shall be considered and decided expeditiously in accordance with the law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.

With the aforesaid directions, this application is finally disposed of.