DEVRAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application u/s. 482 Cr.P.C. has been filed for quashing the charge sheet no. 122 of 2012 dated 13.9.2012 and entire proceeding of criminal case no. 1314 of 2012 (State Vs. Devraj Singh and others) arising out of case Crime no. 200 of 2012, under Sections 147, 323, 452, 448, 506, 380 I.P.C., P.S. Sarai Inayat, district Allahabad, pending in the court of A.C.J.M., Court no. 9, Allahabad. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.

(2.) THE submissions made by the learned counsel for the applicants involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded.

(3.) THE quashing of the charge sheet or the proceeding consequent thereupon may be done only if the F.I.R. and the evidence or material collected by the Investigating Officer does not disclose any offence or if there is any legal bar which prohibits the proceedings on its basis. The Apex Court decisions in the cases of R.P. Kapur Vs. State of Punjab : AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal : 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma : 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para -10) : 2005 SCC (Cr.) 283 make the position of law in this regard clear.