Court No. - 52
Case :- APPLICATION U/S 482 No. - 21385 of 2019 Applicant :- Rajeev Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Ganesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ganesh Pandey for the applicant and AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the entire proceeding of Criminal Case No. 2001 of 2012 (State vs. Rajeev Kumar), arising out of Case Crime No. 227 of 2011, u/s 406, 420, 506 I.P.C., P.S. Linepar, district Firozabad, as well as order dated 20.10.2016, issuing non-bailable warrant against the applicant.
In substance, allegation made in the F.I.R. is that in the garb of giving employment, the applicant had taken Rs. 70,000/- from the informant, but neither employment has been provided, nor money has been returned to him. Police after investigation submitted charge sheet in the matter, on which cognizance has been taken. There are sufficient materials before the court below for taking cognizance, as such, proceeding is not liable to be quashed.
However, it is observed that in case the applicant surrenders before the court below within one month from today and applies for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of one month from today, order dated 20.10.2016, issuing non-bailable warrant against the applicant, shall be kept in abeyance.
With the aforesaid observations, the application stands disposed of. Order Date :- 29.5.2019 Jaideep/-