Eti Goel and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 31773 of 2023 Applicant :- Eti Goel And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao,Sarvjeet Singh Chauhan Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for applicants, learned A.G.A. for the State and Sri Kapil Tyagi, learned counsel for the opposite party No. 2.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 21.02.2023 as well as quash the entire consequential proceedings of Complaint Case No. 83 of 2021(Smt. Vijaya Gupta Vs. Eti Goel and Others) against the applicant, pending before the Court of Civil Judge (Junior Devision/F.T.C.), Court No. 2, Gautam Budh Nagar.

¶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 applicants at this stage it cannot be said that no offence is made out against the applicants. 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 impugned summoning order is refused.

¶5The instant 482 application lacks merit and is dismissed. Order Date :- 12.12.2023 ADY High Court of Judicature at Allahabad