Court No. - 49
Case :- APPLICATION U/S 482 No. - 13970 of 2018
Applicant :- Attiullah And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Vineet Kumar Singh, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet 01 of 2018 dated 15.03.2018 and cognizance dated 29.03.2018 in Case No. 1571 of 2018, arising out of Case Crime No. 03 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Nautanva, District- Maharajganj, pending before the Chief Judicial Magistrate, Maharajganj.
Learned counsel for the applicants submits that the husband of the opposite party no.2 had executed a registered will deed in favour of the applicants no. 1 and 2 as also opposite party no.2 on 07.11.2017. It is therefore submitted that prima facie evidence of the documents having been actually executed.
On the other hand Sri Vineet Kumar Singh, learned counsel appearing for the opposite party no.2 submits that it is undisputed that the husband of the opposite party no.2 had suffered paralytic stroke and was hospitalized being confined to bed during the period from 04.11.2017 to 09.11.2017. He thus submitted that no will deed could have been executed on the date as claimed by the applicants.
The contention raised by learned counsel for the applicants involves factual, which requires evidence to be led. No interference is warranted at this stage.
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 applicants at this stage. All the submissions made at the bar, relate to the disputed questions 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 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 prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of. Order Date :- 24.4.2018 Lbm/-