Court No. - 49
1. Case :- APPLICATION U/S 482 No. - 20406 of 2018 Applicant :- C.M.D. Vinod Kumar Verma And 3 Other Opposite Party :- State Of U.P And Another Counsel for Applicant :- Indradeo,Ganesh Mani Counsel for Opposite Party :- G.A.,Hemant Kumar,Pradeep Kumar Keshri
2. Case :- APPLICATION U/S 482 No. - 20315 of 2018 Applicant :- Nrendra Kuamr And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indradeo,Ganesh Mani Counsel for Opposite Party :- G.A.,Hemant Kumar,Pradeep Kumar Keshri
Hon'ble Vivek Agarwal,J.
1. None for the applicants. Sri Pradeep Kumar Keshri, learned counsel for private respondent.
2. This application has been filed seeking quashing of the charge sheet dated 30.1.2018 submitted against the applicants as well as entire criminal proceedings pending against applicants in Case No. 86 of 2018 (State Vs. Vinod Kumar Verma and others) arising out of Case Crime No. 479 of 2017 under section 420, 504, 506, 406 IPC and 3(1) (Da) SC/ST Act, Police station - Alinagar, District - Chandauli pending in the court of ADJ/Special SC/ST Act, Chandauli.
3. The ground on which quashing has been sought is that the dispute originates from a civil dispute pertaining to agreement of sale which was prepared between applicants and husband of opposite party no. 2 for consideration of sale deed in favour of Land Developers India LImited. A civil dispute has been converted into criminal case and therefore quashing has been sought.
4. Another ground which has been mentioned in the petition is to seek quashing is that incident took place on 2.9.2014 whereas case of which was registered on 20.10.2017, after more than 3 years delay in the matter and therefore the proceedings in pursuance of belated FIR are not maintainable.
5. However, a perusal of the FIR reveals that it was lodged on the basis of the orders of Additional District & Sessions Judge (SC/ST) Act, Chandauli, who had allowed application under section 156(3) Cr.P.C. moved by the complainant and had directed for registration of the FIR. This plea of belated FIR is not made out.
6. None of other grounds raised in the petition are sufficient for quashing of the charge sheet in the light of law laid down in case of International Advanced Research Centre For Powder Metallurgy and New Materials (ARCI) and others Vs. Nirma Cerglass Technic Private Limited and another, (2016) 1 SCC 348, therefore there being no ground for quashing of the FIR. Application fails and is dismissed.
7. Later on Sri Indradeo Maurya, learned counsel for the applicants appears.
Order Date :- 28.7.2021 S.K.S.