Court No. - 7
Case :- APPLICATION U/S 482 No. - 21780 of 2019 Applicant :- Amrit Lal And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Radhey Shyam Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Radhey Shyam Singh, learned counsel for the applicants and Sri Ajit Ray, learned A.G.A. for the State- respondents.
This application under Section 482 Cr.P.C. has been filed by the applicants seeking quashment of Case Crime No. 63 of 2018, under Sections 419, 420, 467, 468, 506 of I.P.C. P.S. Phulpur, District Allahabad pending in the court of learned Chief Judicial Magistrate, 7, District Allahabad.
Learned counsel for the applicants submits that in fact applicants themselves have been cheated by third accused Virendra Singh, who had taken Rs. 1 Lakh from the applicants. Learned counsel submits that even if the entire prosecution case is taken as it is, offence only against the co-accused is made out and the proceedings qua applicants can be quashed.
Opposing this submission, it has been argued by State counsel that in the FIR lodged by Bhola Nath, specific allegation has been made against the applicants accepting Rs. 5 Lakhs for providing job to two sons of complainant. State counsel submits that after accepting the amount, no job, as assured, was provided to the two sons of the complainant and it appears that applicants have grabbed the entire money with the help of co- accused.
Considering the serious allegations against the applicants, I am not inclined to entertain the application. The same is accordingly dismissed.
Order Date :- 30.5.2019 SK