Court No. - 64
Case :- APPLICATION U/S 482 No. - 46883 of 2019
Applicant :- Kuldeep Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,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 for quashing the charge sheet dated 3.9.2017 and the cognizance order dated 28.3.2018 passed by Chief Judicial Magistrate, Agra as well as the prosecution of the applicants under Section 323, 504, 506 IPC, which is pending in the court of Chief Judicial Magistrate, Agra as Criminal Case No. 12941 of 2018 (arising out of case crime No. 630 of 2017), State Vs. Kuldeep Kumar.
The contention of the counsel for the applicant is that false and frivolous charge sheet has been submitted against the applicant. It is further submitted that FIR is lodged under Sections 392, 352, 504 and 506 IPC but during investigation, no offence under sections 392 I.P.C. is found by the Investigating Officer and charge sheet against the applicant under Section 323, 504 and 506 IPC has been submitted. Learned counsel for the applicant submitted that investigating officer without appreciating the statement of witnesses and without collecting the material evidence, submitted the charge sheet with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the charge sheet, is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously and preferably on the same day in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.12.2019 Ankita