Court No. - 43
Case :- APPLICATION U/S 482 No. - 31040 of 2018 Applicant :- Prabhu Dayal Tripathi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pavan Kumar Asthana Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Pavan Kumar Asthana, learned counsel for the applicant and the learned A.G.A.
This application under Section 482 Cr.P.C challenging the charge sheet dated 20.3.2018 arising out Criminal Case No.27465/2018 (Case Crime No.924 of 2017 under sections 342,354(B) I.P.C pending in the court of Chief Metropolitan Magistrate, P.S. Chakeri District Kanpur Nagar.
It is submitted by learned counsel for the applicant that O.P no.2 is the tenant, applicant a landlord, genesis of the dispute is over non-payment of rent resulting in a false and a fictitious case against the applicant followed by another case against the present applicant as Case Crime No.54 of 2018 on 15.1.2018 under sections 406 and 506 IPC.
It is further submitted by learned counsel for the applicant that no offence whatsoever is made out against him, prosecution of the applicant is on account of ulterior motives, and in this connection, he relied upon certain documents and statements.
Learned A.G.A, has opposed the submission on the ground that in view of the allegations made in the F.I.R, and the statements of the witnesses, prima facie case is made out. He thus submits that the application under Section 482 CrPC is liable to be dismissed.
The law is well settled that at the stage of quashing of charge sheet, the Court has to only examine as to whether on the basis of the materials available, a prima facie case is made out against the applicant or not.
From the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicans. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in 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.
The application is dismissed.
The court below, while considering the bail application of the applicant shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) A.D.J 151.
For a period of six weeks from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 6.9.2018 RS