ANKUSH SACHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.3538 of 2019 arising out of Case Crime No. 514 of 2018 under Sections 406, 448, 323 and 506 IPC, P.S.- Barra, District-Kanpur Nagar pending in the Court of learned Special Chief Judicial Magistrate, Kanpur Nagar with an alternative prayer to quash the charge sheet dated 1.11.2018.

(2.) From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie case is made out against the applicants. All the submission made at the Bar relates to the disputed question 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 law laid down by the Supreme Court in the case of R.P. Kapur Vs. State of Punjab, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC(Cri) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283 (para-10) .

(3.) However, learned counsel for the applicants argued that the benefit of the case of Amrawati and another Vs. State of U.P.,2004 57 AllLR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 3 ADJ 322 (SC) be provided to them.