Court No. - 52
Case :- APPLICATION U/S 482 No. - 19960 of 2020 Applicant :- Prakash Chandra Pathak And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Jaiswal,Rajneesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application has been filed with the prayer to quash the charge sheet dated 2.11.2019 and entire proceedings of case no. 1479 of 2020 (State Vs. Prakash Chandra Pathak and others) arising out of case crime no. 40 of 2019, under Sections 420, 406, 506, 467, 468, 471 IPC, Police Station Subhash Nagar, district Bareilly pending in the court of Additional Chief Judicial Magistrate-7, Bareilly. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicants and learned A.G.A.
Submission of learned counsel for the applicants is that although applicants are on interim bail granted by this Court vide orders dated 15.10.2019 and 30.09.2019 in Criminal Misc. Bail Application No. 42133 of 2019 and Criminal Misc. Bail Application No. 40675 of 2019 respectively yet cognizance taken in the matter on the charge sheet on 19.09.2020 is illegal and without application of mind. No prima facie case is made out. It was also argued that complainant themselves have stated that they have received the entire amount paid by them to the accused persons. Thus prayer was made to quash the aforesaid criminal case.
Learned A.G.A. opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and going through the entire record it cannot be said that no prima facie case is made out to proceed with the trial. Cognizance order taken in the matter can also not be termed to be illegal. Submissions raised through this application require leading of evidence which at best can be done by the trial court. No ground exists to exercise extraordinary jurisdiction to quash the entire proceedings.
Thus, the application stands disposed of with the aforesaid observation.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.01.06 15:30:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad