Court No. - 78
Case :- APPLICATION U/S 482 No. - 42903 of 2019 Applicant :- Chhotey Kassar @ Chhotey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sagar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Appearance slip of Shri Pranjal Mehrotra, learned counsel for opposite party no. 2 is taken on record.
Heard learned counsel for applicant, Shri Pranjal Mehrotra, learned counsel for opposite party no. 2, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the charge sheet no. 93 of 2018 dated 12.06.2018 giving rise from the F.I.R. registered as Case Crime No. 141 of 2018, P.S.-Bilari, District- Moradabad under Section 135 of Indian Electricity Act (amended in 2005).
Learned counsel for applicant contended that applicant is innocent and has been falsely implicated in this case. He further argued that no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purpose of harassment.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant, submission made by learned counsel for applicant 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 Apex Court in cases of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused-applicant cannot be considered at this stage. There is no sufficient ground to quash the charge sheet in the aforesaid case.
In view of above, the prayer for quashing the charge sheet in the aforesaid case against the applicant is hereby refused.
However, in the facts and circumstances of the case, if applicant appears and surrenders before the court below concerned within thirty days from today and applies his bail application, the same shall be decided expeditiously in accordance with law.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observation, the application is finally disposed of. Order Date :- 26.11.2019/Sharad/-