Court No. - 52
Case :- APPLICATION U/S 482 No. - 19966 of 2020
Applicant :- Maniram
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Gyanendra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet dated 11.12.2019 as well as the entire proceedings in Criminal Case No. 6730 of 2020, arising out of Case Crime No. 395 of 2019, under Sections 419, 420, 467, 468, 471 IPC, Police Station Madhuban, District Mau pending before the Additional Chief Judicial Magistrate, Mau.
It is submitted by the learned counsel of the applicant that applicant is on anticipatory bail. Charge sheet has been submitted in this matter. Cognizance has also been taken. No prima facie case is made out against the applicant. Order incorporated by the applicant has been corrected by the competent authority. There is no malicious intention to incorporate the order in question. It is also submitted that continuation of the proceeding of aforesaid criminal case against the applicant is the abuse of process of law. FIR was lodged on the basis of false facts only to harass the applicant. Applicant has been retired from service. Learned counsel for the applicant pointed out certain documents and statements in support of his contention.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. Hence, prayer made in the application is refused.
In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicant be given.
Hence, it is observed that in case applicant surrenders before the court below and applies for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the aforesaid observations, the application stands
disposed of.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Sanjeet
Digitally signed by Justice Om Prakash Date: 2021.01.07 14:51:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad