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Allahabad High Court

ASLAM KHAN @ MOHD. ASLAM KHANversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO.

Decided
Disposal
DISMISSED AS WITHDRAWN

Holding

The High Court held that the application under Section 482 could not be entertained to quash the proceedings as a prima facie case existed and disputed facts could not be adjudicated at this stage.

Summary

The applicant, Aslam Khan, filed an application under Section 482 of the Criminal Procedure Code seeking a stay of the trial in Session Trial No.66/2024, which involved charges under Sections 498‑A, 302/34, 304‑B, 323/34, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. He alleged that no offence was disclosed against him and that the prosecution was instituted with malafide intent to harass him. The State, represented by the Additional Government Advocate, contended that a prima facie case existed and that the applicant's contentions related to disputed facts which could not be decided at the interlocutory stage. The High Court accepted the State’s submission, held that the application could not be entertained to quash the proceedings at this stage, and refused the prayer for quashing. Consequently, the application under Section 482 was dismissed.

Issues considered

  • Whether the High Court can quash or stay criminal proceedings under Section 482 Cr.P.C. when only a prima facie case is evident.
  • Whether allegations of malafide prosecution are sufficient to invoke the inherent powers of the court under Section 482.
  • Whether disputed factual defenses can be considered at the interlocutory stage of a Section 482 application.

Legislation cited

Subjects

  • Section 482
  • criminal procedure
  • quash of criminal proceedings
  • prima facie case
  • malafide prosecution
  • dowry death
  • interlocutory relief

Judgment

                                                                    Neutral Citation No. - 2025:AHC-LKO:20899

                                         Court No. - 16

                                         Case :- APPLICATION U/S 482 No. - 2984 of 2025

                                         Applicant :- Aslam Khan @ Mohd. Aslam Khan
                                         Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of
                                         U.P. Lko.
                                         Counsel for Applicant :- Mohammad Raza Khan
                                         Counsel for Opposite Party :- G.A.

                                         Hon'ble Salil Kumar Rai,J.

                                         List has been revised. No one appears for the applicant.

                                         However, the Court has perused the records.

                                         This application under Section 482 Cr.P.C. has been filed to
                                         stay the trial proceeding of Session Trial No. 66/2024 arising
                                         out of Case Crime No. 131/2024 under Sections 498-A, 302/34
                                         IPC altered charge under Section 304-B, 323/34, 506 IPC and
                                         Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District
                                         Balrampur.

                                         It has been pleaded in the affidavit and the application that no
                                         offence against the applicant is disclosed and the present
                                         prosecution has been instituted with a malafide intention for the
                                         purposes of harassment. Certain documents and statements in
                                         support of the contention have been referred in the application
                                         and the affidavit.

                                         Per contra learned A.G.A. submitted that 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. The submissions made in the affidavit relate to
                                         disputed question of facts, 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. The disputed defence of the accused
                                         cannot be considered at this stage.

                                         The submissions made by learned A.G.A. have force.

                                         The prayer for quashing the proceedings is refused.

                                         With the aforesaid observations, the application is rejected.

                                         Order Date :- 15.4.2025
                                         Satyam


Digitally signed by :-
SATYAM AGRAHARI
High Court of Judicature at Allahabad,
Lucknow Bench


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