Court No. - 52
Case :- APPLICATION U/S 482 No. - 21341 of 2019 Applicant :- Harindra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashank Shekhar, Sheo Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Shashank Shekhar for the applicant and AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet dated 3.2.2019, along with entire proceedings of Criminal Case No. 5240 of 2017, arising out of Case Crime No. 38 of 2016, under Sections 419, 420, 467, 468, 471, 406, 506/120-B IPC, P.S.
Cantt., district Varanasi.
A perusal of the F.I.R. of Case Crime No. 5240 of 2017 shows that in it, allegation has been made that Bindra Singh, Mahendra Singh and Harendra Singh, who were recorded tenure holders of the disputed land, executed a sale deed dated 13.11.2015 in favour of Smt. Nirjala (wife of the informant). Later on, it has been found that the aforesaid persons have already sold the property in dispute in favour of third person and on 23.11.2015, they were no more its owners. The F.I.R. clearly discloses cognizable offence against the applicant and the charge sheet submitted in it is not liable to be quashed.
However, it is observed that in case the applicant surrenders before the court below within one month from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of one month from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.
With the aforesaid observations, the application stands disposed of. Order Date :- 28.5.2019 Jaideep/-