Court No. - 11
Case :- APPLICATION U/S 482 No. - 42796 of 2018
Applicant :- Shri Rajeev Khurana Opposite Party :- State Of Up And Anr Counsel for Applicant :- Ruby Choudhary Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge- sheet as well as the entire proceedings in Case No. 452 of 2017, arising out of Case Crime No. 0800 of 2017, under Section 171-F IPC, Police Station Modinagar, District Ghaziabad pending before the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad.
It is submitted by the learned counsel of the applicant that the FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence 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 his contention.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, 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 a prima facie case is to be seen in the light of the law laid down by 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. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offence levelled against the applicant is not made out. Hence, prayer made in the application is refused.
However, it is observed that in case the applicant surrenders before the court below within 30 days from today and applies for bail, the same shall be considered and decided in view of the settled law. For a period of 30 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 below.
With the aforesaid observations, the application stands disposed of.
Order Date :- 30.11.2018 safi