Court No. - 49
Case :- APPLICATION U/S 482 No. - 9742 of 2018
Applicant :- Rajesh Kumar @ Narendra Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Amit
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 01 of 2017 dated 02.11.2017 and the entire proceeding of Case No. 174 of 2018, arising out of Case Crime No. 778 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali City, District- Bijnor, pending before the Chief Judicial Magistrate, Bijnor.
Learned counsel for the applicant submits that the applicant had been engaged on daily-ways basis in his nick name Rajesh Kumar. Subsequently, at the time of regularization, he submitted his documents of educational qualification etc. wherein the name recorded was found to be Narendra Kumar. Upon a complaint made by the applicant's brother, the present FIR has been lodged alleging that the applicant had submitted false and forged documents to secure his employment. Learned counsel for the applicant submits that complaint made by his brother was motivated on account of personal jealousy.
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 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.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
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 and no more 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.
With the aforesaid directions, this application is finally disposed of. Order Date :- 27.3.2018 Lbm/-