Samir v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 32970 of 2023 Applicant :- Samir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard Sri Mohammad Junaid Khand, learned counsel for applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.04.2020 as well as entire proceedings of Case No. 3024 of 2020 (State Vs. Samir), arising out of case crime no. 107 of 2020, under Sections-505(2) I.P.C. & 67 of I.T. Act, Police Station-Khanpur, District-Bulandshahar, pending in the court of learned Chief Judicial Magistrate, Bulandshahar.

¶3From the perusal of the material on record and looking into the facts of the case as well as submission made by learned counsel for the applicant at this stage it cannot be said that no offence is made out against the applicant. 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.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.

¶4Accordingly, the prayer for quashing the criminal proceeding is refused.

¶5The instant 482 Application lacks merit and is dismissed.

¶6As the applicant is already on bail, therefore, no protection is required to be granted to him. Order Date :- 2.11.2023/ADY High Court of Judicature at Allahabad