Court No. - 20
Case :- APPLICATION U/S 482 No. - 4813 of 2006 Applicant :- M/S.Pepsi Co India Holdings Ltd Opposite Party :- State Of U.P. & Others Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- Govt.Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.
This application under section 482 Cr.P.C. has been filed to stay the proceedings in Case Crime No. 1360 of 2001 (State Vs. Sahdeo Prasad Gupta and others), under Section 7/16 P.F.A. Act, Police Station Kotwali, District Varanasi, pending before Ist Additional Chief Judicial Magistrate, District Varanasi.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. Most of 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. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.
Accordingly, prayer of the applicant is refused.
However, in view of the submissions, considering the facts and circumstances of the case, it is also provided that in case the applicant moves an application for discharge through counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicant.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.3.2018 Prakhar