Court No. - 49
Case :- APPLICATION U/S 482 No. - 18957 of 2018 Applicant :- Chhunna @ Jafaruddin Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mehul Khare Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.03.2017 alongwith cognizance order dated 01.04.2017 and the entire proceeding of Case No. 16821 of 2017, arising out of Case Crime No. 74 of 2017, under Sections- 411 I.P.C. and Section 41 Cr.P.C., Police Station- Fajalganj, District- Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
Learned counsel for the applicant submits that admittedly the applicant has been enlarged on bail. It is thus submitted that claim to recovery of five stolen two wheelers from the applicant is patently false inasmuch as there are no public witness.
It is then submitted that the applicant was falsely implicated in this case arising out of animosity with a police official, who was earlier posted in the same district. Thus a wholly false FIR has been lodged against the entire family members of the applicant. The applicant had preferred an application U/s 482 Cr.P.C. No. 16775 of 2017, this Court had entertained the same and vide an order dated 25.05.2017 and interim protection was granted therein.
The submission advanced by learned counsel for the applicant involve question of fact which require appraisal of evidence before any firm conclusion can be drawn, at this stage. Thus no interference is warranted, at this stage.
However, the applicant may file an application for discharge, which may be decided in accordance with law before charges are framed against the applicant.
The present application stands disposed of.
Order Date :- 28.5.2018 Lbm/-