Nand Gopal Gupta @ Nandi vs State of U.P. and Another

Bala Krishna Narayana, J.—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. 16817 of 2006, Case Crime no. 96 of 2006, State of U.P. Vs. Nand Gopal Gupta, under sections 504, 506 IPC, P.S.-Kotwali, District Allahabad pending before the C.J.M., Allahabad as well as order dated 24.3.2014.

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.

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. All the submissions made at the bar relate to the 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 others, , 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 prayer for quashing the proceedings of the aforementioned case and the order is refused.

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