Court No. - 74
Case :- APPLICATION U/S 482 No. - 45456 of 2019 Applicant :- Kallu Shukla @ Vineet Shukla @ Pradeep Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
This application under Section 482 Cr.P.C. with the prayer to quash the proceedings of criminal case no. 380 of 2017 arising out of crime no. 80 of 2016, under Sections 379, 411 IPC, Police Station Chandpur, district Fatehpur pending in the court of Judicial Magistrate, Fatehpur. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has not committed the present offence. He is on bail under Section 379 IPC. Initially FIR was lodged only for the offence under Section 379 IPC. Charge sheet was submitted under Section 379, 411 IPC against the applicant. Since recovery is not from the applicant, he is reputed person and having huge property, it appears improbable and unbelievable that the applicant will involve himself in committing such type of offence.
Learned A.G.A. has opposed the prayer.
From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. 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. At this stage only a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the cases of R. P. Kapur Vs. State of Punjab A.I.R. 1960 S.C. 866; State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426; State of Bihar Vs. P. P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para 10) 2005 SCC (Cr. ) 283. The prayer made in the application is refused.
If the applicant moves bail application for the offence under Section 411 IPC for which charge sheet has also been submitted against him, the court below is expected to decide the same in accordance with law.
With the above observations, the application stands disposed of.
Order Date :- 17.12.2019 Sachdeva