Court No. - 86
Case :- APPLICATION U/S 482 No. - 46715 of 2019 Applicant :- Ajay Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No.20312 of 2017 and cognizance dated 20.11.2019 and charge sheet dated 20.09.2019 arising out of Case Crime No.263 of 2018, under Sections 420, 467, 468, 406, 506, 504 I.P.C., Police Station Parikshitgarh, District Meerut, pending before the A.C.J.M. Court No.8, Meerut.
The contention of learned counsel for the applicants is that applicant's brother is Director of United Group of Insurance and Karan Swayam Sahayata Samuh Agwanpur. According to F.I.R. version he took money from several persons in the name of Life Insurance as well as Beti Bachao Beti Padhao but date and time as well as place where the money was taken has not been disclosed in the F.I.R. which is necessary as per provision of 213 Cr.P.C. Applicant is brother of Pankaj Sharma that is why he has been falsely implicated in the present case. He further submits that application under Section 156 (3) Cr.P.C. has been moved by Pankaj Kumar Sharma against the informant as well as his wife and on 07.11.2019 the concerned court has directed the concerned police station to enquire and report under Section 202 Cr.P.C. It is also submitted that he had moved application to Lokpal on 18.05.2018, 31.05.2018 and 27.06.2016. Thus he had initiated the proceedings earlier and proceeding initiated by the opposite party no.2 was later on.
Learned A.G.A. submits that the statement of the witnesses has not been annexed to substantiate the contention advanced by the learned counsel for the applicant.
Matter requires consideration.
Issue notice to the O.P. No.2 by registered post returnable within one month.
List thereafter on 22.01.2020, before appropriate Bench.
Till then, no coercive action shall be taken against the applicant in Case Crime No.263 of 2018, under Sections 420, 467, 468, 406, 506, 504 I.P.C., Police Station Parikshitgarh, District Meerut.
Order Date :- 18.12.2019 Jitendra