Court No. - 40
Case :- APPLICATION U/S 482 No. - 22015 of 2019 Applicant :- Alam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire proceedings of Criminal Case No. 271 of 2019 (State Vs. Alam), under Sections 332, 504 IPC, arising out of Charge Sheet No. 74 of 2018 dated 04.05.2018 in Case Crime No. 134 of 2018, Police Station Kundarki, District Moradabad pending in the Court of learned Additional Chief Judicial Magistrate-V, Moradabad.
As per the allegations made in the FIR, it is alleged that the Opposite Party No. 2, who is a Junior Engineer in the Electricity Department, had found the applicant committing theft of electricity on 19.04.2018 and when the Opposite Party No. 2 tried to carry out the inspection, then the applicant abused him and illegally interfered in discharge of his official duties, for which, an FIR has been lodged against the applicant. The police after investigation submitted the charge-sheet against the applicant, on which, learned Magistrate has taken cognisance on 22.02.2019 and summoned the applicant to face trial.
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 applicants. 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge- sheet is refused.
However, it is directed that if the applicant appears and surrenders before the court below within thirty days from today and applies for bail, hisr prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 Nadim