Court No. - 38
Case :- APPLICATION U/S 482 No. - 16370 of 2019 Applicant :- Pramod Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Sri Premnendra Singh, learned counsel has filed his vakalatnama on behalf of opposite party no. 2, is taken on record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 29.12.2018 bearing Charge Sheet No. 642 of 2018 as well as the cognizance of order dated 2.2.2019 in Case No. 203/9 of 2019 (State vs. Amit Kumar and others) arising out of Case Crime No. 287 of 2018, under Sections 406, 420, 504 & 506 IPC, Police Station Bhopa, District Muzaffar Nagar pending before the Court of learned Additional Chief Judicial Magistrate, Court No. 3, Muzaffar Nagar and all consequential proceedings thereon in the interest of justice.
Heard learned counsel for the parties.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case. No money has been either taken by the applicant or has been transferred in the account of the applicant. It has further been mentioned that First Information Report has been lodged after the delay of more than two years and the Investigating Officer without proper investigation mechanically submitted the charge-sheet against the applicant. The facts levelled in the F.I.R. is highly improbable, hence, charge sheet submitted by the Investigating Officer and the cognizance taken their upon may be quashed.
Learned counsel for the opposite party no. 2 and learned AGA have opposed the prayer made by the learned counsel for the applicant contending that total 7,50,000/- rupees has been taken by the applicant and other accused illegally on the pretext of providing job in Railway and that alleged amount/ money was transferred in the bank account of co-accused Amit Kumar at the instance of accused-applicant. The applicant is still not returning the money.
In State (NCT of Delhi) vs. Shiv Kumar Yadav (2016) 1 SCC (Crl.) 510, it has been held by the Apex Court that 'the power of judicial superintendence under Article 227 or under Section 482 Cr.P.C. has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court'.
It cannot be said that no offence is made out against the applicant. The disputed question of fact cannot be adjudicated at this stage, only, prima-facie case is to be seen. An specific allegation regarding taking of money by cheating and fraudulent has been made.
However looking into the facts and circumstances of this case, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 Saurabh