Heard learned counsel for the applicant/petitioner, Shri Anurag Kumar Singh, learned counsel for CBI through video conferencing and perused the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the order dated 22.03.2021, passed in Criminal Case No.18/2021, arising out of Crime No. RC053202050001, under Section 120-B IPC read with Section 209, 420, 467, 468, 471 IPC and for quashing of the charge sheet No.5/2020, dated 29.12.2020 submitted by the CBI/SCB, Lucknow.
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 submissions made relates to the disputed question of fact, which cannot be adjudicated upon by this Court 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 the Hon'ble Supreme Court in 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.
No case for quashing of the charge sheet or summoning order is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicant/petitioner has submitted that applicant/petitioner want to surrender before the court below, therefore, a direction to subordinate court be given for expeditious disposal of bail application of the applicant.
In view of the aforesaid, it is directed that if applicant/petitioner move surrender application within 30 days from today before the Magistrate/Court concerned, the bail application shall be decided expeditiously, in accordance with law.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.4.2021 ML/-