Court No. - 18 Case :- U/S 482/378/407 No. - 2833 of 2010 Petitioner :- Jagdamba Prasad Respondent :- State Of U.P., & Anr. Petitioner Counsel :- Sagheer Hasan Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
The applicant, through the present application under section 482 Cr.P.C., has
invoked the inherent jurisdiction of this Court with the prayer that the
proceedings of Complaint Case No. 14996 of 2009, under sections 394, 398,
323, 504, 506 IPC, pending in the Court of IIIrd Additional Civil Judge,
Faizabad, be set aside.
The contention of the learned counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has been
instituted with malafide intentions for the purposes of harassment. He pointed
out certain documents and statements in support of his contentions.
From the perusal of 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.
All the submissions made at the bar relates to the disputed questions of fact,
which cannot be adjudicated upon by this Court under sections 482 Cr.P.C. At
this stage only a prima facie case is to be seen in the light of the law laid
down by the Supreme Court in cases of R.P. Kapur Versus State of Punjab,
AIR 1960 SC 866, State of Haryana Versus Bhajan Lal, 1992 SCC (Cr)
426, State of Bihar versus P.P. Sharma, 1992 SCC (Cr) 192, and lately
Zandu Pharmaceutical Works Ltd. Versus Mohd. Saraful Haqe and
another (Para 10), 2005 SCC (Cr.)283. The disputed defence of the accused
cannot be considered at this stage. Moreover, the applicant has got a right of
discharge under section 239 or 227/228 Cr.P.C., as the case may be, through a
proper application for the said purpose and he is free to take all the
submissions in the said discharge application before the trial court.
In the event such an application is filed within one month from today, the trial
court is directed to consider and dispose it off within a period of two months
from the date of it’s filing.
The prayer for setting aside the proceeding is refused.
It is also directed that if the applicant surrenders before the trial court within
fifteen days from today and moves for bail, the bail prayer of the applicant
shall be considered by the court below in the light of the law laid down by the
Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of
U.P. and others reported in 2009(2)SCC(Cri) Page 330.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 30.6.2010
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