Pankaj Mishra v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38489 of 2023 Applicant :- Pankaj Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard learned counsel for applicant and the learned A.G.A. for State. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 01.04.2022 as well as entire proceedings of Case No.22781 of 2023 (State vs. Pankaj Mishra), arising out of Case Crime No.843 of 2021, under Sections 420, 406 IPC, Police Station Vrindavan, District Mathura, pending in the court of Chief Judicial Magistrate, Mathura. At the very outset, learned counsel for applicant submits that as per material on record, no offence under the charging sections is made out against applicants. As such impugned charge-sheet as well as entire proceedings of aforesaid case are liable to be quashed by this Court. Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed. From the perusal of 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 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 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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court. The prayer for quashing the proceedings of case as well as charge sheet is refused. At this stage, learned counsel for the applicant submit that applicant may be permitted to move discharge application before the court concerned. Keeping in view the facts and circumstances of the case, it is directed that the applicant will move a proper application for discharge through counsel within thirty days from today and he is free to take all the submissions in the said discharge application before the Trial Court, which shall be considered and disposed of by the Trial Court in accordance with law within a period of two months. Accordingly, the present application is disposed of. Order Date :- 17.10.2023 v.k.updh. High Court of Judicature at Allahabad