Court No. - 86
Case :- APPLICATION U/S 482 No. - 12410 of 2021 Applicant :- Madan Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Kumar Tiwari,Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet No. 01 of 2020 dated 28.06.2020 and cognizance order dated 08.10.2020 as well as entire proceeding of Case No. 14366 of 2020 (State Vs. Madan Maurya) arising out of Case Crime No. 472 of 2020, under Sections 419, 420 and 406 I.P.C., Police Station Sigra, District Varanasi pending in the court of Chief Judicial Magistrate, Varanasi.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. Content of F.I.R. discloses cognizable offence against the applicant. Moreover, though in the statement under Section 164 Cr.P.C. there is allegation against the applicant but factual aspects of the matter cannot be assessed by this Court at this State. All other arguments are based on the facts which cannot be evaluated by this Court in exercise of powers under Section 482 Cr.P.C. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant.
The impugned order reflects application of judicial mind. No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicant before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of.
Order Date :- 16.8.2021 Rameez