Ashish Agarwal v. State of U.P. and 3 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 37717 of 2023 Applicant :- Ashish Agarwal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Pundir Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. 1 Heard 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 entire proceedings of Case No. 3749 of 2023 (State vs. Ashish Agarwal), arising out of Case Crime No. 42 of 2021, under Section-420 I.P.C. read with 66 Information Technology Act, Police Station-Kotwali Nagar, District-Hamirpur, pending in the court of C.J.M., Hamirpur.

¶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 :- 8.12.2023/Arvind High Court of Judicature at Allahabad