Nagina @ Ram Nagina Kushwaha v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 35081 of 2023 Applicant :- Nagina @ Ram Nagina Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amritesh Dwivedi,Harsh Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Case No.6158 of 2023, arising out of Case Crime No.76 of 2023, impugned cognizance order dated

07.08.2023, charge sheet dated 31.01.2023, under Sections 323, 504, 506, 308 I.P.C., PS Kasya, District Kushinagar, pending in the Court of Civil Judge (SD)/ACJM, Kasya, Kushinagar.

¶3The contention of learned counsel for the applicant is that proceedings initiated against the applicant is abuse of process of court. The applicant was not present at the spot and has been falsely and intentionally implicated in the present case only to harass the applicant. There is no evidence to prosecute the applicant in the instant case.

¶4Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity and the argument raised by applicant's counsel is based on disputed questions of fact which cannot be examined at this stage.

¶5From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.

¶6From perusal of material on record and looking into the facts of the case and after considering the arguments made at the Bar, it does not appear that no offence has been made out against the applicant.

¶7In view of the above, in the light of judgment of the Apex Court in the matters 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

¶8The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 1.11.2023 Nitin Verma High Court of Judicature at Allahabad