Court No. - 1
Case :- APPLICATION U/S 482 No. - 25820 of 2018 Applicant :- Ashok Kumar Jha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar, learned counsel for the applicant, Sri N.K. Verma, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 02.11.2010 and the entire criminal proceedings of Sessions Trial No.26 of 2010 (State vs. Bechai Ram and others) arising out of Case Crime No.14 of 1995 under sections 193, 196, 409, 465, 467, 468, 471 and 120 IPC and 13(1) and 13(2) Prevention of Corruption Act P.S. Suikhpura, District Ballia, pending before Special Judge (Anti Corruption) Act, Court No.1, District, Varanasi.
According to the charge-sheet submitted against the accused-applicant and others the main allegation is that in the developmental work relating to road construction, connecting road construction, Nala and Nali constructions, Indira Awas, Sulabh Sauchalaya construction and plantation work, forged entry after preparing forged muster roll were made and allotted grocery (wheat and rice) which was allotted under the 'food for work plan' had been embezzled. In this matter, after long investigation of 15 years, charge sheet was submitted on 2.11.2010 and it was found that the accused applicant alongwith co-accused were responsible for embezzlement to the tune of Rs.3151/-.
It is contended by the learned counsel for the applicant that the allegation in the complaint, even if taken at face value, does not constitute any offence against him and therefore the charge-sheet as well as summoning order both deserve to be quashed. The applicant has been falsely implicated. If proceedings are allowed to continue that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet and submitted that the applicant has been absconding and did not appear before the trial court, hence proceedings under section 82/83 Cr.P.C was initiated against him and further a non-bailable warrant has also been issued against him on 11.6.2018 as it appears from the order sheet of the court below, copy of which is on record at page no.33 of the affidavit.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
Investigating Officer after having investigated the case had found the involvement of the present accused in this matter. From the contents of the FIR and other evidence on record, it is prima facie, proved that a cognizable offence is made out against the accused.
The prayer for quashing the proceedings of the aforesaid case is refused. The application is accordingly rejected.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU