Amar Nath Mishra @ Shashi v. State Of U.P & Anr.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 729 of 2021 (State Vs. Amar Nath Mishra alias Shashi) arising out of Case Crime No. 310 of 2020 under Section 4/10 of Indian Forest Act, 1927, Section 379, 411 I.P.C. Police Station Chhavni, District Basti pending before learned Additional Chief Judicial Magistrate, Court No.09, District Basti. The contention of learned counsel for the applicant is that no offence against the applicant under the Forest Act is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. From the perusal of the 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 at this stage. 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. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, or 245 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. The reliefs as sought by the applicant is refused. The application stands disposed off. Order Date :- 10.10.2022/S.Ali Reason: Location: High Court of Judicature at Allahabad