Court No. - 49
Case :- APPLICATION U/S 482 No. - 19018 of 2018 Applicant :- Kul Udaipal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Agrawal 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 as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.01.2018, cognizance order dated 12.01.2018 in Case No. 168 of 2018, arising out of Case Crime No. 774 of 2017, under Sections- 489B I.P.C., Police Station- Firozabad South, District- Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad.
Learned counsel for the applicant submits that at present both looking into the allegations made against the applicant as also the evidence that have been found during investigation, which resulted in submission of the charge sheet, the ingredient of the offence, if any, is made only with respect to the offence under Section 489C IPC and no ingredient of the offence under Section 489B IPC is made out. In this regard, it is further submitted that even the alleged recovery of fake currency is doubtful and the applicant may not even be guilty of offence under Section 489C IPC.
However, at present, the charge sheet has been submitted under Section 489B IPC for which life imprisonment is the prescribed punishment.
However, it is undisputed that the applicant has already been enlarged on bail and charges are yet to be framed.
Considering the above, no useful purpose would be served in keeping this application pending. However, looking in to the objection raised by the applicant, it is observed that while framing charges, the learned court below will apply its mind, whether ingredient under Section 489 B IPC is made out and shall frame appropriate charges against the applicant only upon being satisfied in that regard.
In view of the above, the instant application is disposed of. Order Date :- 28.5.2018 Lbm/-