Saleem @ Sarifuddin v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 45159 of 2023 Applicant :- Saleem @ Sarifuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar 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 charge-sheet No.48/2023 dated 01.02.2023, cognizance order dated 20.10.2023 as well as entire proceedings of Case No.50018 of 2023 arising out of Case Crime No.19 of 2023, under Section 379, 411 I.P.C., PS Banna Devi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

¶3Learned counsel for the applicant submits that instant prosecution is malice prosecution and no offence under alleged sections is made out. There is no evidence to prosecute the applicant in the present case. Applicant is innocent and it is a case of false implication. Entire story is based on no evidence. Investigating Officer without conducting proper enquiry submitted charge-sheet against the applicant. No case is made out under aforesaid sections.

¶4Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submitted that it is a disputed question of facts which cannot be examined at this stage.

¶5Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned by learned counsel for the applicant are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

¶6In 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.

¶7The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

¶8However, if the applicant moved discharge application before the court below, then the court below shall decide his application expeditiously, in accordance with law. Order Date :- 12.12.2023 SKD High Court of Judicature at Allahabad