Court No. - 80
Case :- APPLICATION U/S 482 No. - 8351 of 2020
Applicant :- Pushpendra Singh
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi,Santosh Kumar Shukla
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet dated 25.07.2019, cognizance order dated 05.10.2019 as well as entire criminal proceedings of Case Crime No. 416 of 2019 under section 135 Indian Electricity (Amendment) Act, 2003, police station Bidhun, District Auraiya, pending in the court of Additional District & Sessions Judge-III, Auraiya.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has further submitted that he has no concern whatsoever with the running of M/s. Tiwari Aata Chakki where the inspection was made by opposite party no. 2. As such, the entire proceedings initiated against the applicant is liable to be quashed.
Per contra, learned AGA has drawn the attention of the Court towards the statement of the first informant in which it has been categorically stated that the applicant is looking after the entire affairs of M/s. Tiwari Aata Chakki where inspection was made and theft of electricity was being made, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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.
In view of the aforesaid facts and circumstances, prima facie case is made out against the applicant, as such, the prayer for quashing the charge sheet, cognizance order as well as proceedings of the aforementioned case is refused.
The present application under Section 482 Cr.P.C. is devoid of merit and is accordingly, dismissed.
Order Date :- 29.7.2021 Shiraz