Application No. 14740 of 2017. Case: Smt. Aamna and Another Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 14740 of 2017
CounselFor Appellant: Farid Ahmed, Adv.
JudgesRajesh Dayal Khare, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Sections 420, 467, 468, 471, 120B, 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. for the State.

This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 02.2.2017 and the cognizance taking order dated 30.3.2017 passed by the C.J.M., Saharanpur in Case No. 3738 of 2017 arising out of case crime No. 301 of 2016 under Sections 420, 467, 468, 471, 120B, 504, 506 IPC, police station Sadar Bazar, district Saharanpur.

It is contended that the first information report has been lodged after five years of the alleged incident. It is next contended that the dispute is between the two real brothers an civil dispute is also pending.The contention of the counsel for the applicants is that no offence against the applicants 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...

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