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Application No. 14735 of 2017. Case: Pancham and Others 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. 14735 of 2017
CounselFor Appellant: Brijendra Kumar, Adv.
JudgesRajesh Dayal Khare, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Sections 308, 324, 325, 352, 323, 504, 506
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Rajesh Dayal Khare, J.

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

This application under Section 482, Cr.P.C. has been filed for quashing the charge-sheet dated 16.1.2017 in case No. 224 of 2017 arising out of case crime No. 818 of 2016, under Sections 308, 324, 325, 352, 323, 504, 506 IPC, police station Allaganj, district Shahjahanpur, pending in the court of Civil Judge Junior Division/Judicial Magistrate, Shahjahanpur.

The contention of the counsel for the applicants 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 applicants. 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...

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