Application No. 14732 of 2017. Case: Ashif Khan @ Rashu and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 14732 of 2017
CounselFor Appellant: Vinod Kumar Srivastava and Usha Srivastava, Advs.
JudgesRajesh Dayal Khare, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Sections 498A, 323, 504, 506
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Rajesh Dayal Khare, J.

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

The present 482 Cr.P.C. application has been filed for quashing the chargesheet dated 28.1.2017 (State vs. Ashif Khan @ Rashu) in Case Crime No. 283 of 2016 under section 498A, 323, 504, 506 I.P.C. and under Section 3/4 D.P. Act, as well as Police Station Maudarwaja, District Farrukhabad and the proceedings of the aforesaid case.

It is next contended that the entire family of the husband has been falsely implicated by the opposite party No.2 on general allegations, therefore, criminal prosecution of the applicants is against the well settled principles of law as laid down by Hon'ble Apex Court reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh in support of his contention.

So far as the applicant No.1 (husband) namely Ashif Khan @ Rashu is concerned following order is being passed:-

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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 under Section 239 or 227/228 or 245 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...

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