Mohd. Faisal Khan v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 36678 of 2023 Applicant :- Mohd. Faisal Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Farooq,Atul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.2C. application has been filed to quash the charge sheet dated 06.04.2023, cognizance order dated 05.08.2023 as well as the entire proceedings of Case Crime No. 231 of 2022, under Sections-419, 420, 467, 468, 471, 406 I.P.C., Police Station-Bhadohi, District-Bhadohi, pending in the court of C.J.M., Bhadohi.

¶3The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

¶4From 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 at this stage. 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.)

¶283The disputed defence of the accused cannot be considered at this stage.

¶5Accordingly, the prayer for quashing the impugned order is refused.

¶6The instant 482 application lacks merit and is dismissed. Order Date :- 6.11.2023/Sartaj High Court of Judicature at Allahabad