Court No. - 54
Case :- APPLICATION U/S 482 No. - 27873 of 2018 Applicant :- Dr.Kanwar Pal Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- C.D.Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 2172 of 2017, under Sections 420, 406 IPC arising out of Case Crime No. 211 of 2017, Police Station- Nanauta, District- Saharanpur pending in the Court of learned Additional Chief Judicial Magistrate, Deoband Saharanpur.
Learned counsel for the applicant submitted that one Rajendra Kumar was lodged FIR against the present applicant under Section 420 IPC which was eventually registered as Case Crime No. 211 of 2017, Police Station- Nanauta, District- Saharanpur mentioning therein that the applicant, Dr. Kanwar Pal is self-styled President of one Dalit Uthan Sabha and after defrauding the illiterate poor and educated poor extract Rs.2,00,000/- each from those poor persons with the promise that he would engage them in a some government job and he has digest the entire amount. After investigation police has submitted its chargesheet under Sections 420, 406 IPC and learned Magistrate vide order dated 1.11.2017 has taken cognizance and has issued summon. It is further submitted by learned counsel for the applicant that there is no case is made out under Section 420, 406 IPC.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within 45 days from today. The court below shall make an endeavour to decide the bail application keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further made clear that the aforementioned time for surrender would not be extended on any ground.
With the aforesaid observations the application is finally disposed of.
Order Date :- 5.9.2018/Shubhankar Thakur