Court No. - 47
Case :- APPLICATION U/S 482 No. - 25181 of 2010 Applicant :- Rajesh Verma Opposite Party :- State Of U.P. & Another Counsel for Applicant :- S.S.Rajput Counsel for Opposite Party :- Govt. Advocate
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the Charge Sheet No. 17 of 2009 dated 30.4.2009 in Crime No. 1 of 2009, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh and set aside order dated 4.7.2009 passed by Chief Judicial Magistrate, Aligarh.
Heard Sri Shekhar Gangal holding brief of Sri Surendra Singh Rajput learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the FIR has been lodged on false grounds while the applicant had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute the offences are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of the contention.
On the other hand, learned AGA has opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. Cognizance order does not suffer from any infirmity or illegality. The Magistrate dealing with matter at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. It is also evident that matter had been referred to the mediation centre of this Court but the applicant did not deposit the required amount to start the mediation process. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 19.4.2017 A. Singh