Court No. - 40
Case :- APPLICATION U/S 482 No. - 22405 of 2019 Applicant :- Rajendra Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Kranti Kiran Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 23/19 dated 6.1.2019 as well as entire criminal proceedings of S.S.T. No. 7/19 (State Vs. Chetan Prakash and others arising out of Case Crime No. 64 of 2018, under Sections 406 IPC and 3/7 Essential Commodities Act, P.S. Hapur Dehat, District- Hapur.
Learned counsel for the applicant has submitted that first information report has been lodged on the basis of recovery of 400 bags of rice, which is said to be loaded in a truck. On the basis of said first information report, the police thoroughly investigated the matter and submitted charge sheet against the applicant.
From the perusal of the allegations made in the first information repor and the material collected during the course of investigation, prima facie offence is clearly disclosed against the applicant and as such impugned charge sheet cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the 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.
The prayer for quashing the charge sheet is refused.
However, it is directed that if 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 settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.6.2019 KU