Court No. - 40
Case :- APPLICATION U/S 482 No. - 22002 of 2019 Applicant :- Garima Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Case No. 35432 of 2018 (State Vs. Madhawsaran and others), arising out of Case Crime No.
33 of 2018, under Sections 420, 406, 506 IPC, Police Station Hariparwat, District Agra.
As per the allegations made in the FIR, Opposite Party No. 2 has purchased a residential flat and in respect of the same, he paid a sum of Rs. 9,24,750/-, however, despite payment, possession of the flat has not been handed over and on making the demand, he did not return back the amount, as such, FIR has been lodged. Thereafter, the police thoroughly investigated the case and submitted the charge-sheet against the applicant, on which, cognizance was taken by the Magistrate and on account of non- appearance, bailable warrants have been issued.
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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
Considering the facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 Nadim