Court No. - 70
Case :- APPLICATION U/S 482 No. - 3844 of 2019 Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 07.01.2019 passed in Criminal Revision No. 341 of 2018 as well as order dated 22.06.2017 passed in case no. 1657 of 2016, under Section 420 I.P.C., Police Station Kotwali Nagar, District - Bulandshahar pending in the Court of Additional Chief Judicial Magistrate, Bulandshahar.
Learned counsel for the applicant submitted that:-
(i) Applicant has been falsely implicated by the complainant with mala fide intention only with a view to harass the applicant.
(ii) The complainant and witnesses are closely associated with each other, therefore, their statements cannot be relied upon for summoning the applicant.
(iii) No offence is made out against the applicant.
(iv) The impugned criminal proceeding against the applicant is liable to be quashed by this Court.
Per contra, learned AGA for the State submitted that considering the material evidences and allegations against the applicant on record, as on date, as mentioned in the impugned complaint, the statement of the complainant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C., the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicant, the criminal proceedings against the applicant cannot be said to be abuse of the process of the Court.There is no illegality in the impugnedorder dated 07.01.2019 passed in Criminal Revision No. 341 of 2018 as well as order dated 22.06.2017 passed in case no. 1657 of 2016, under Section 420 I.P.C., Police Station Kotwali Nagar, District - Bulandshahar. It is submitted that this application is liable to be dismissed.
After having heard the learned counsel for the parties and perusing the entire record, this Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sprangly, only in such a appropriate cases, where uncontroverted allegations made in the complaint and the evidence relied in support of same, do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.
It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused.
In view of above, this Court does not find that this case fall in a categories as recognized by the Apex Court for quashing the criminal proceeding of the trial court at pre-trial stage. Considering the facts, circumstances and nature of allegations against the applicant in this case, the cognizable offence is made out. There is no manifest error of law in the impugned order dated 07.01.2019 passed in Criminal Revision No. 341 of 2018 as well as order dated 22.06.2017 passed in case no. 1657 of 2016, under Section 420 I.P.C., Police Station Kotwali Nagar, District-Bulandshahar. The impugned criminal proceeding under the facts of this case cannot be said to be abuse of the process of the Court. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court. Hence, criminal proceeding against the applicant is not liable to be quashed. The relief as claimed by the applicant in this application is accordingly refused.
At this stage, learned counsel for the applicant submitted that in case some protection is granted by this Court, the applicant will surrender before the concerned court below. The learned Additional Government Advocate for the State does not dispute such prayer of the applicant.
Considering the last prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within thirty days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law. For the period of thirty days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.1.2019 AKT