Court No. - 81
Case :- APPLICATION U/S 482 No. - 43698 of 2019 Applicant :- Lochan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Sharma, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 11.08.2018 submitted in Case Crime No. 170 of 2018 under Sections 41, 102, 411, 414 I.P.C., P.S. Baldev, District, Mathura including entire criminal proceeding of Case No. 7546 of 2018 under Sections 41, 102, 411, 414 I.P.C., P.S. Farah, District Mathura.
Learned counsel for the applicant has prayed that applicants have been falsely implicated in the present case. The motor-cycle which is said to be stolen, has not been connected to any Crime number and yet charge-sheet has been submitted against him only on the basis of statement of co-accused, Sukhvir @ Sukkhi, therefore, charge-sheet needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer of quashing of charge-sheet.
I have gone through the F.I.R.
It is recorded in it by O.P. No. 2, S.I., Mahesh Chandra that on the information given by informer that one motor-cycle had been stolen by three persons who were coming on a motor-cycle, the police party arrested the said persons and they revealed their names as Ramu Sharma, Bhupendra and Sukhvir and out of them, Sukhvir @ Sukkhi had stated names of all the accused applicants and stated that the said motor-cycle which was recovered from them was purchased from the accused applicant. Subsequently police has investigated the case and charge-sheet has been submitted against the accused applicant along with four other co-accused.
From the side of State, Counter-Affidavit has been filed. In para No. 17 of which, it has been mentioned that name of owner of the motor-cycle could not be traced out nor could the same be connected with any F.I.R. having been made with respect to its having been stolen and it is further mentioned that number of said motor-cycles could not be known.
In view of the above averments made in the Counter- Affidavit, it is apparent that the offence under the above- mentioned sections against the accused applicant could not be treated to be made out as the said stolen motor-cycle could not be connected to any complaint having been lodged with respect to any motor-cycle having been stolen, hence no offence in the present case is treated to be made out, hence this Application under Section 482 Cr.P.C. deserves to be allowed and is, accordingly allowed and the proceedings in the present case against the accused applicant stands quashed.
Order Date :- 18.12.2019 A. Mandhani