Court No. - 49
Case :- APPLICATION U/S 482 No. - 14711 of 2018 Applicant :- Naved Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.01.2018, cognizance order dated 16.02.2018 as well as the entire proceedings arising out of Case Crime No. 807 of 2017, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Ganj, District- Rampur, pending in the court of A.C.J.M., Rampur.
Learned counsel for the applicant submits that the applicant had resigned from the post of B.R.C. on 26.10.2017 and the FIR has been lodged against him after two months which is wholly mala fide as the applicant has resigned from his services at the time of the palika elections.
At present, the allegations made in the FIR is of mis-utilisation of certain cheques/cheque book allegedly entrusted to the applicant. Such allegation would require evidence to be led and conclusion of facts to be drawn. Such exercise cannot be done in the present proceedings. The application has already been enlarged on bail. Therefore, no further direction is required to be issued, at this stage.
The present application is dismissed with the aforesaid observation.
Order Date :- 30.4.2018 A. Singh