Court No. - 49
Case :- APPLICATION U/S 482 No. - 14563 of 2018 Applicant :- Anil Kumar Verma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.01.2018 as well as the entire proceedings of Case No. 3418 of 2018 (State Vs. Anil Kumar and another), arising out of Case Crime No. 505 of 2017, under Sections- 406, 504, 506 I.P.C., Police Station- Chakeri, District- Kanpur Nagar, pending in the court of C.M.M., Kanpur Nagar.
Learned counsel for the applicants submits that earlier the applicants had lodged an FIR on 25.02.2011 with respect to theft of his Tata Safari vehicle. He therefore submits that the present FIR and the present prosecution pursued against him is misconceived and based on false and frivolous allegations. However, perusal of the FIR lodged against the applicants reveals that the allegation made is that the applicants had received valuable consideration with respect to the same vehicle as late as in the year 2014, though it had bee reported to have been stolen in 2011. Therefore, the defence so set up by the applicants cannot be examined, at this stage.
In view of the above, prima facie, it does not appear that any case is made out to quash the prosecution.
Accordingly, the present application lacks merit and is dismissed.
Order Date :- 27.4.2018 A. Singh