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2016 DIGILAW 1462 (ALL)

Rakshit Khanna v. State of U. P.

2016-04-20

PANKAJ NAQVI

body2016
JUDGMENT Pankaj Naqvi,J. Power of Sri Pawan Kumar Shukla on behalf of O.P. No.2 is taken on record. 2. Heard learned counsel for the parties. 3. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of charge-sheet dated 23.8.2015 in Case No.4591/2015 (Case Crime No.315/2014), under Sections 498-A/323/504 IPC and 3/4 D.P. Act, P.S. Mahila Thana, Moradabad, pending in the court of A.C.J.M-VI, Moradabad. 4. The contention of the learned counsel for applicant is that no offence against 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. 5. 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 applicant. 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 another (para-10) 2005 S.C.C. (Cr.) 283. The prayer is refused. The application is dismissed.