Court No. - 49
Case :- APPLICATION U/S 482 No. - 14609 of 2018
Applicant :- Kamal Mehrotra
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vipin Kumar Saxena,Krishna Chandra Pushkar
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 11.8.2017, under Sections 419, 420, 406 IPC, Police Station Civil Lines in Case Crime No. 725 of 2014, as well as cognizance and summoning order dated 30.1.2018 and 31.3.2018 passed by Chief Judicial Magistrate, Allahabad in Case No. 2314 of 2018 (State Vs. Ashutosh Ojha), pending in the Court of Chief Judicial Magistrate, Allahabad.
Learned counsel for the applicant submits that though the applicant is named in the FIR and there is no specific allegation against him, however, looking into the nature of the offence being where a company appears to have defrauded public atlarge and has subsequently closed its office at Allahabad where the offence is alleged to have occurred, it would be premature to reach a conclusion that the applicant who admittedly was the manager of the said company, at Allahabad had no role to play. The contention raised by learned counsel for the applicant is factual in nature and would require evidence to be read and considered before any conclusion can be drawn. As such no interference is warranted to quash the proceedings.
However, also considering the fact that the applicant is alleged to be the manager of the company and no specific allegation has been made against him with regard to the money deposited by the opposite party no.2. It is directed that in case the applicant appears and surrenders before the court below within 30 days and no more from today and applies for bail, his prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of. Order Date :- 27.4.2018 Mini