Court No. - 2
Case :- APPLICATION U/S 482 No. - 22531 of 2019 Applicant :- Mahesh Harijan @ Mahesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Preeti Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Preeti Dwivedi, learned counsel for the applicant and Sri I.P.S. Rajpoot, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of the proceeding of charge-sheet dated 27.11.2018 arising out of Case Crime No. 402 of 2017 in Case No. 147 of 2019 under Sections 419, 420, 467, 468 and 471 I.P.C. Police Station Lalganj, District Mirzapur.
The contention of learned counsel for the applicant is that accused applicant has been falsely implicated in this case; he has no concern with this occurrence; he is neither witness nor imposter not his I.D. is attached in the alleged sale-deed nor the applicant has taken any money from any person. It is further stated that applicant was simply accompanying the main accused; he has no criminal history, hence charge-sheet needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing stating that as per F.I.R., the sale-deed has been got executed by any imposter and in this offence, the applicant could also be involved, hence the prayer of quashing should be refused.
I have gone through the contents of the F.I.R. and I find that cognizable offence is made out against the applicant.
In view of the above, I find that there is no ground to quash the charge-sheet and the said prayer of quashing is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail then his bail application shall be considered and decided in accordance with law. 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 :- 11.6.2019 A. Mandhani