Criminal Misc. Recall Application No. 314207 of 2017 in Case :- APPLICATION U/S 482 No. - 1019 of 2010 Applicant :- Pramod Babu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K.Tyagi Counsel for Opposite Party :- Govt. Advocate,Shakti Swarup Nigam
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the parties.
Cause shown for delay in filing the application is sufficient and the same is condoned.
Cause shown for non-appearance is sufficient.
The restoration application is allowed. The order dated 19.1.2017 is recalled and the application stands restored to its original number.
Order Date :- 27.2.2018 Prakhar .
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Case :- APPLICATION U/S 482 No. - 1019 of 2010 Applicant :- Pramod Babu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K.Tyagi Counsel for Opposite Party :- Govt. Advocate,Shakti Swarup Nigam
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, Shri Shakti Swarup Nigam, learned counsel for the opposite party no. 2 and learned Additional Government Advocate for the State and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the criminal complaint case and its consequential proceedings registered as Case Crime No. 864/9 of 2009, M/s Modi Industries Ltd. Vs. Pramod Babu, under Section 630 of Indian Companies Act, Police Station Modi Nagar, District Ghaziabad, pending in the court of Special C.J.M., Meerut.
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 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 :- 27.2.2018 Prakhar