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2016 DIGILAW 1359 (ALL)

Ram Raj v. State of U. P.

2016-04-12

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. Heard learned counsel for the applicant and the learned AGA appearing for the State 2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the non-bailable warrant order dated 2.2.2016 passed by the Chief Judicial Magistrate, Mirzapur in Case No. 3944 of 2015 (State Vs. Ram Naresh and others) arising out of Case Crime No. 369 of 2015, under Sections 323, 504, 506, 308 IPC Police Station Vindhyachal, District Mirzapur. 3. It is submitted by the learned counsel for the applicant that the FIR has been lodged on false grounds while the applicant had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of the contention. 4. Learned A.G.A. has opposed the prayer. 5. From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicant is not made out. 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 a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the 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 prayer made in the application is refused. 6. However, applicant is hereby directed to surrender before the court below within a period of 15 days from today. For a period of fifteen days from today, non-bailable warrant issued against the applicant shall be kept in abeyance. 7. With the above observations, the application stands disposed of.