Court No. - 76
Case :- APPLICATION U/S 482 No. - 47496 of 2019 Applicant :- Mahendra Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Triloki Nath Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Triloki nath, learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 26th November, 2019 passed on application no. 48 of 2019 in Case Crime No. 1236 of 2019 (State Vs. Sanjay Kumar Verma & others), under Sections-409, 419, 420, 406, 467, 468, 471 and 120-B I.P.C., Police Station-Cantt., District-Varanasi passed by the Chief Judicial Magistrate, Varanasi, whereby the Chief Judicial Magistrate has initiated proceedings under Section 82 Cr.P.C. against the applicant.
3. Learned counsel for the applicant further submits that after submission of the charge-sheet and passing the cognizance taking order, due to illness of applicants, they could not appear before the court below, hence the impugned order has been issued against them.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
6. For a period of 30 days from today, the impugned order passed by the Chief Judicial Magistrate, Varanasi dated 26th November, 2019 shall be kept in abeyance in respect of applicant only .
7. The present application stands disposed of.
(Manju Rani Chauhan, J.) Order Date :- 20.12.2019 Sushil/-