Court No. - 49
Case :- APPLICATION U/S 482 No. - 9537 of 2018
Applicant :- Mukesh @ Mukesh Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 287 of 2016 (State Vs. Ram Singh and others), arising out of Case Crime No. 129 of 2015, under Sections- 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Jawan, District- Aligarh, pending in the court of A.C.J.M., Court No. 4, Aligarh.
Learned counsel for the applicants submits that the applicant no. 2 is the father of the applicant no. 1. He further submits that owing to an inadvertent error in the original sale deed, the area of land purchased by the applicants had been wrongly mentioned as 0.646 hectare on the basis of share a certificate got issued by the tehsil authorities. However, upon realising the mistake a correction deed has been applied for to correct the area of the land purchased by the applicant as 0.43033. He therefore submits that there was never criminal intent on party of the applicant.
Opposing the same, Sri M.P.S. Chauhan, learned counsel for the opposite party no. 2 who is co-sharer of the land purchased by the applicants submits that the share certificate on the basis of which sale deed had been executed is a forged document and therefore there is criminal offence as alleged.
Having heard the learned counsel for the applicants 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 applicants involves factual disputes and appraisal of evidence.
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 applicants appear and surrender before the court below within 30 days and no more from today and apply for bail, their 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 23.3.2018 A. Singh