Court No. - 72
Case :- APPLICATION U/S 482 No. - 6295 of 2017 Applicant :- Rajaram Bhaskar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shiv Kumar Singh Rajawat,Ajit Kumar Singh Chauhan Counsel for Opposite Party :- G.A.,Rajendra Prasad
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Ajit Kumar Singh Chauhan, learned counsel for the applicant, Shri Rajendra Prasad, learned counsel for opposite party no2 and the learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheets dated 25.07.2016 and 15.12.2016 respectively, cognizance order dated 15.12.2016, as well as entire proceedings of Case No. 1315 of 2016 (State Vs. Rajaram Bhaskar & Ors.), arising out of Case Crime No. 232 of 2016, under Sections 494, 495, 323, 504, 506, 120B,147 & 420 IPC, Police Station Mauranipur, District Jhansi, pending in the court of the Judicial Magistrate, Mauranipur, Jhansi.
3. Learned counsel for the applicant submits that plainly false and frivolous allegations have been made against the applicant, taking advantage of his vulnerability of being a government servant.
4. However, perusal of the FIR and other material brought before this Court by means of the present application and the affidavit exchanged between the parties, it appears, the applicant is alleged to have contracted a second marriage with opposite party no.2 during subsistence of his marriage with one Parwati. The applicant is also stated to have a child from opposite party no.2.
5. In such facts, from the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that ingredients of the offence are not made out against the applicant at this stage. All 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. 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.
6. Accordingly the prayer for quashing the entire proceeding of the aforesaid case is declined.
7. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
8. For a period of 30 days from today, no coercive measure shall be taken against the applicant.
9. With the aforesaid directions, this application is finally
disposed of.
Order Date :- 29.4.2019 AHA