Heard Sri Vijay Prakash, learned counsel for the applicant and Sri J.K. Upadhaya, learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed by the applicant with the following prayers:-
" (a). Quash the entire Criminal Case No.19988 of 2019, Case Crime No.523 of 2018, under Section 406, 420 IPC, Police Station Indrapuram, District Ghaziabad, pending in the Court of Chief Judicial Magistrate, Ghaziabad.
(b). Quash the charge sheet no.1 dated 24.02.2019 under Section 406 and 420 IPC, Police Station Indrapuram, District Ghaziabad.
(c). Set aside the order dated 24.05.2019 passed by Chief Judicial Magistrate, Ghaziabad in Criminal Case No.19988 of 2019, Case Crime No.523 of 2018, under Section 406, 420 IPC, Police Station Indrapuram, District Ghaziabad, taking cognizance of the offence and issuing summoning order against the applicant.
(d). And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances."
It is submitted by learned counsel for the applicant that in the FIR, no role has been assigned to the applicant. He is not builder but he is an associate of the builder, namely, J.D. Awasthi against whom allegations have been levelled in the FIR.It is further submitted that the applicant has also been allotted a shop space over the land in dispute but possession of the said shop has not been given, therefore, he is also sufferer.He has filed an allotment letter (Annexure-6 to the application).It is further submitted by learned counsel for the applicant that on pressure being made,he returned money to the tune of Rs.3 lacs to Mehvesh Khan, respondent no.3, who has lodged F.I.R. dated 01.03.2018 registered as Case Crime No.0523 of 2018 under section 406 of I.P.C., P.S.Indrapuram, District Ghaziabad.
Learned AGA has drawn the attention of the Court towards the statement recorded under Section 161 Cr.P.C. of Atul Tandon and also statement of Mohd. Shahid under Section 161 Cr.P.C., who categorically made allegations against both persons, namely, J.D. Awasthi (present applicant) and Vikram Upadhyay in their respective statements. The allegation made in the FIR discloses cognizable offence which cannot be quashed.
The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused as there is no abuse of process of law to be interfered by exercising inherent power under Section 482 Cr.P.C. Accordingly, the present application under Section 482 Cr.P.C. is rejected.
However, in case, the applicant appears and surrender before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of the applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC).
For a period of 30 days from today or till 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.
Order Date :- 19.12.2019 aks