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2011 DIGILAW 1483 (ALL)

Jony @ Jonchand and Others v. State of U. P. and Another

2011-06-23

BALA KRISHNA NARAYANA

body2011
Bala Krishna Narayana, J. Heard learned counsel for the applicants and learned A.G.A. 2. The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 09.01.2011 in case crime no.184 of 2011(State Vs. Jony alias Jonchand & others), under Sections 363, 366, 376, 420, 467, 468, 471 I.P.C., P.S. Babugarh, District Ghaziabad. 3. 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 referred to certain documents and statements in support of his contention. 4. 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 5. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. 6. The prayer for quashing the charge sheet is refused. 7. However, in case the applicants move an application for discharge before the court concerned within a period of two weeks from today along with a certified copy of this order raising all the grounds which have been taken by them in this application under Section 482 Cr.P.C., the discharge application shall be considered and decided by the court concerned at the appropriate stage in accordance with law by passing a speaking and reasoned order. 8. In view of the above, the application is finally disposed of.