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2016 DIGILAW 2569 (ALL)

Sadan Singh @ Charan Singh v. State of U. P.

2016-07-26

VIVEK KUMAR BIRLA

body2016
JUDGMENT Vivek Kumar Birla,J. Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 12.8.2015, cognizance order dated 13.8.2015 in Case No. 24 of 2015, Case Crime No. 264 of 2014, under Sections 419, 420, 352, 506, 467, 468, 471, 120B IPC, P.S. Mugarra, district Mathura. Submissions made are on facts of the case including that the dispute relates to execution of one sale deed. 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.IR. 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused. The applicants are already on bail. In case any discharge application is filed, the same shall be decided, in accordance with law. The application is accordingly dismissed.