Application No. 13518 of 2017. Case: Azad Singh and Another Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 13518 of 2017
CounselFor Appellant: Sunil Kumar Misra and Renu Mishra, Advs.
JudgesPankaj Naqvi, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Sections 498A, 323, 506
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)


Pankaj Naqvi, J.

Heard Sri Sunil Kumar, learned counsel for the applicants and the learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 2150 of 2015 ( Smt. Rani Vs. Azad Singh & others), under Section 498-A, 323, 506 IPC and Section 3/4 D.P. Act, pending in the Court of C.J.M, Jalaun at Orai as well as summoning order dated 18.10.2016.

It is submitted that no offence against applicants is disclosed, 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 applicants. 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...

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