Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 1998 (ALL)

Guddan @ Rajeev v. State of U. P.

2015-07-21

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard Sri KD Awasthi, learned counsel for applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 1379 of 2014 arising out of Case Crime No. 99 of 2014, under sections 323, 324, 506 and 308 IPC, P.S. Phaphund, District Auraiya pending in the court of the Chief Judicial Magistrate, Auraiya. 3. The contention of the learned counsel for applicants is that no offence against 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. 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 submission made at the Bar relates to the disputed question 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another2005 S.C.C. (Cr.) 283. (para-10). The prayer is refused. The instant application under section 482 Cr.P.C. is, accordingly, dismissed.