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Application No. 14724 of 2017. Case: Ashok Singh Vs State of U.P. and Another. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
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Case NumberApplication No. 14724 of 2017
CounselFor Appellant: Puneet Bhadauria, Adv.
JudgesRajesh Dayal Khare, J.
IssueIndian Penal Code - Sections 323, 504, 506
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Rajesh Dayal Khare, J.

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

The present application has been filed for quashing the order dated 6.12.2016 passed by the Additional Session Judge, Court No.XIII, Agra in S.T. No.723 of 2016 arising out of case crime No. 46 of 2005 under Sections 323, 504, 506 IPC, police station Jaitpur, district Agra.

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 mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. It is next contended that non bailable warrant has been issued 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.

The prayer for quashing the order dated 6.12.2016 is hereby refused.

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