Court No. - 72
Case :- APPLICATION U/S 482 No. - 7276 of 2018 Applicant :- Baljinder Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Gyan Chandra Yadav
Hon'ble Rajiv Joshi,J.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant and Sri S.N. Yadav, Advocate holding brief of Sri Gyan Chandra Yadav, learned counsel for the O.P. No.2 as well as learned AGA for the State.
The present 482 Cr.P.C. application has been filed for quashing the order dated 27.1.2018 passed by Additional Chief Judicial Magistrate Court No.2, Muzaffarnagar whereby the discharge application filed by the applicant was rejected.
The brief facts of the present case are that an application under Section 156(3) Cr. P.C. was filed by O.P. No.2 against the applicant and some other persons alleging that they were trying to take forcible possession on the agricultural land which belongs to Lakhbeer Singh. Subsequently, the Magistrate vide order dated 7.9.2016 allowed the application under Section 156(3) directing the concerned police station to lodge the first information report against the accused persons. Subsequently, the FIR was registered as Case Crime No. 200 of 2016 under Sections- 420, 467, 468, 471, 120B, 386 and 506 IPC P.S.
Ramraj, District Muzaffarnagar against six accused persons including the applicant.
After first information report was lodged, the police conducted investigation and submitted a charge-sheet dated 19.11.2016 and cognizance was taken by the Magistrate concerned on 4.1.2017. The charge-sheet was submitted after considering the statement recorded under Section 161 Cr.P.C. Against the charge-sheet as well as cognizance order, an Application u/s 482 No. 31358 of 2017 was filed, in which, this Court after hearing the parties refused the prayer for quashing the charge- sheet, however, providing that if the applicant moves appropriate application for discharge through his counsel, before the concerned Magistrate then the said application shall be decided as per law. The said order passed on 19.9.2019 is quoted hereunder:-
"Heard learned counsel for the applicant, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the charge sheet dated 19.11.2016 (cognizance having taken on 4.1.2017) and the entire criminal proceeding of criminal case no. 529/9 of 2017 arising out of case crime no. 200/2016, u/s 420, 467, 468, 471, 120B, 386, 506 IPC, P.S. Ramraj, District Muzaffar Nagar pending before A.C.J.M., Court No. 2, Muzaffar Nagar.
"The contention of the counsel for the applicants is that 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.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 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.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off."
Pursuant to the said order, discharge application was filed by the applicant on the same ground that the matter is of civil in nature as taken in the earlier Application u/s 482 for quashing the charge-sheet as well as cognizance order and the same has been rejected by the court below by the order impugned dated 27.1.2018 holding that from a bare perusal of the FIR as well as evidence recorded, prima facie case against the applicant under Sections- 386, 420, 467, 468, 471, 120B, and 506 IPC is made out that the ground as taken in the discharge application has already been considered by this Court in the Application u/s 482 No. 31358 of 2017 and since prima facie case against the applicant for the offence under Sections- 420, 467, 468, 471, 120B, 386 and 506 IPC is made out, the discharge applicable is liable to be rejected. It is further recorded by the trial court that in view of various judgments of Hon'ble the Apex Court as well as this Court, the parallel proceedings are permissible and can be continued.
After hearing the submissions advanced and on perusal of the record, in the considered opinion of this Court, there appears to be no illegality or infirmity in the order impugned rejecting the discharge application.
The present application lacks merit and is accordingly dismissed.
Order Date :- 21.8.2019 Akbar