Court No. - 49
Case :- APPLICATION U/S 482 No. - 1826 of 2019 Applicant :- Divyanshu Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mehul Khare Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
By means of this application under section 482 Cr.P.C., the applicant has prayed for quashing the charge sheet dated 02.12.2018, summoning order dated 01.01.2019 and the entire proceedings of Case No. 84 of 2019 (State vs Divyanshu Srivastava) arising out of Case Crime No. 607 of 2018, under sections 354, 354-A, 354-B IPC, PS Noida Sector 58, District Gautam Budh Nagar pending in the court of learned Chief Judicial Magistrate, Gautam Budh Nagar.
It is submitted by the learned counsel for the applicant that the applicant is a Sales Manager in the company. It is further submitted by the learned counsel for the applicant that a complaint was made by the informant against the applicant for sexual harassment before the Internal Complaints Committee of the Company, but she has not produced any evidence to establish the allegations against the applicant and the Committee has decided the matter in favour of applicant. It is contended by the learned counsel for the applicant that the FIR has been lodged against three persons with a delay of six months. It is further contended that charge sheet has been submitted by the Investigating Officer only against the present applicant on false and concocted allegations. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
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 applicant. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing of the proceedings, summoning order and the charge sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within a period of one month from today and applies for bail, then his prayer for bail shall be considered in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.1.2019 Sazia