Court No. - 38
Case :- APPLICATION U/S 482 No. - 16480 of 2019 Applicant :- Indra Pal Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- K.S. Tiwari,Awadhesh Narain Shukla Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Sri Sanjay Kumar Yadav, learned counsel has filed his vakalatnama on behalf of opposite party no. 2 which is taken on record.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge-sheet dated 4.1.2019 as well as cognizance order dated 13.2.2019 passed by Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad in connection with Criminal Case No. 719 of 2019 (CNR No. UPGZ04-007681- 2019) (State vs. Indra Pal Singh & Others) arising out of Case Crime No. 2431 of 2018, under Sections 406, 504, 506 & 420 IPC, Police Station Sihani Gate, District Ghaziabad.
Heard learned counsel for the parties.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case due to previous enmity. He has not taken any money from the opposite party no. 2. The Investigating Officer has submitted the charge-sheet against him without any evidence. The offence under Section 406, 420, 504 and 506 IPC are not made out against the applicant. The criminal proceeding pending against him is abuse of process of law which is liable to be quashed.
Learned counsel for the opposite party no. 2 and learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant and submitted that the accused applicant along with other co-accused have taken a sum of Rs. 48,79,000/- from the applicant and has not returned it. They have cheated the applicant and on demand, they hurled abuses and threaten by dint of pistol. There are sufficient material available on record for proceeding against the accused- applicant. It has further been submitted by the learned counsel for the opposite party no. 2 that earlier an application for the same relief filed by co-accused has been dismissed by the co- ordinate Bench of this Court in Application u/S 482 No. 52859 of 2019.
In State (NCT of Delhi) vs. Shiv Kumar Yadav (2016) 1 SCC (Crl.) 510, it has been held by the Apex Court that 'the power of judicial superintendence under Article 227 or under Section 482 Cr.P.C. has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court'.
From perusal of record, it cannot be said that no offence is made out against the applicant at this stage. The submission raised by the learned counsel for the applicant relates to the disputed question of fact, merit and demerit of the case cannot be adjudicated at this stage, only prima-facie cognizable case is to be seen, as such, prayer made by the learned counsel for the applicant is refused.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 30.4.2019 Saurabh