Court No. - 64
Case :- APPLICATION U/S 482 No. - 46886 of 2019
Applicant :- Anil Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashok Kumar Upadhyay,C.P. Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of complaint case No. 166 of 2018 arising out of case crime No. 366 of 2017, under Sections 406 and 506 IPC, police station Sureri, district Jaunpur, pending in the court of Judicial Magistrate-II, Jaunpur and also quash the non-bailable warrants dated 21.11.2019 issued by the Judicial Magistrate-II, Jaunpur.
The contention of the counsel for the applicant is that this is a case of pure money transaction and no criminal offence is made out against the applicant. It is further submitted that there is civil dispute between the first informant and the applicant only on the basis of false and frivolous FIR. It is further submitted that on the basis of wrong facts and without perusal of the documentary evidence, Investigating Officer submitted the charge sheet against the applicant. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously and preferably on the same day in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of 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. Non-B
For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.12.2019 Ankita